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12-02-14 Agenda PacketCITY COUNCIL REGULAR MEETING AGENDA December 2, 2014-7:00 P.M. A SPECIAL MEETING WILL BE HELD AT 6:00P.M. (SEE SEPARATE AGENDA) City Council Chambers 13325 Civic Center Drive , Poway , CA 92064 THE CITY COUNCIL ALSO SITS AS THE CITY OF POWAY PLANNING COMMISSION, POWAY H OUSING AUTHORITY, PUBLIC FINANCING AUTHORITY AND SUCCESSOR AGENCY TO THE POWAY REDEVELOPMENT AGENCY CALL TO ORDER ROLL CALL Cunningham , Vaus , Mullin , Grosch , Higginson PLEDGE OF ALLEGIANCE Deputy Mayor Grosc h PRESENTATIONS Presentation of Maintenance Superintendents Association (MSA) Perpetual Trophy for Skills Competition at the Annual Training & Equipment Show to Public Works Streets and Storm Water Crews . PUBLIC ORAL COMMUNICATIONS Persons speaking during Public Oral Communications may address the Council on any subject matter within the Council 's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from taking action on any issue not included on the agenda . Your concerns will be referred to staff. Comments are limited to three (3) minutes. NOTE: The agenda is posted and provided 7 days prior to the City Council meeting. By State law, items can be added up to 72 hours prior to the meeting. Items with a "#"symbol are in preparation. If items are added after original agenda is posted, new items will be listed on an Amended Agenda posted the Friday prior to the meeting. For your convenience, a complete Agenda Packet is available for public review at City Hall and on the City's website at www.poway.org. Page 1 City of Poway-City Council Agenda -December 2, 2014 1. CONSENT CALENDAR (Approved By Roll Call Vote) The Consent Calendar may be enacted in one motion by the Council without discussion unless a Councilmember, a member of the public , or City staff requests that an item be removed for discussion . 1.1 Approval of Reading by Title only and Waiver of Reading in full of Ordinances on Agenda. 1.2 Ratification/Approval of Warrant Registers for the periods of October 20 through October 24 , 2014 and October 27 through October 31 , 2014 . 1.3 Approval of the October 21 , 2014 Special and Regular City Council Minutes. 1.4 Approval of Local Appointments List for 2015. 1.5 Award of Agreement to RJM Design Group, Inc., for As-Needed Landscape Architectural Design Services ; RFP 15-007 . 1.6 Rejection of Proposal for Trucking and Operator Services ; RFP 15-009. 1.7 Approval of Exclusive Negotiating Rights Agreement between the Poway Housing Authority and Habitat for Humanity. 1.8 Adoption of a Resolution Authorizing the Execution of the Agreement for the Housing-Related Parks Program Grant, and Appropriation of Funds to Capital Improvement Project 1698B. 1.9 State Department of Finance Determination-Authorization of the State Transfer of Smith Judgment Fund . 1.10 Approval of Parcel Map for Tentative Parcel Map 11-01 ; Bill Yen , Applicant. 1.11 Second Reading and Adoption of Ordinance 772 entitled , "An Ordinance of the City of Poway , California , Amending Sections 13.04 .190 and 13 .11 .100 of the Poway Municipal Code relating to Temporary Water and Sewer Connections ." 2. ORDINANCE (Ordinance(s) t hat do not requ ire a Publ ic Heari ng ) 2.1 None . 3. PUBLIC HEARING 3.1 Approval of Environmental Assessment , Conditional Use Permit 14-005, Minor Development Review Application 14-025, and Variance 14-009. A request for approval to establish an animal day care and kennel business on a developed commercial site located at 12255 Poway Road , in the Community Business Zone . Morningstar Real Estate Services , Applicant. Page 2 City of Poway-City Council Agenda-December 2, 2014 City Manager's Recommendation: Take public input; close the public hearing and adopt a resolution entitled "A Resolution of the City Council of the City of Poway, California , Adopting a Negative Declaration for Conditional Use Permit 14- 005 , Minor Development Review Application 14-025, and Variance 14-009" and a resolution entitled "A Resolution of the City Council of the City of Poway , California, Approving Conditional Use Permit 14-005 , Minor Development Review Application 14 -025 , and Variance 14-009 Assessor's Parcel Number 317-151-60." 4. STAFF REPORT 4 .1 City of Poway Habitat Acquisition Strategy . City Manager's Recommendation: Receive and file report . 4 .2 Approval of Agreement for Financial Advisor Services. City Manager's Recommendation: Authorize the City Manager to enter into an agreement with KNN Public Finance for financial advisor services . 5. WORKSHOP 5.1 Recommendations for Water and Sewer Rate Adjustments. City Manager's Recommendation : Direct staff to proceed with the Prop 218 process to implement the recommended rate changes , effective in March 2015 . 6. MAYOR AND CITY COUNCIL-INITIATED ITEMS JIM CUNNINGHAM 6 .1 "Hike , Bike and Ride across Poway." (verbal report) STEVE VAUS 6 .2 Water Saving Tips . (verbal report) JOHN MULLIN DAVE GROSCH DON HIGGINSON 7 . CITY MANAGER ITEMS Page 3 City of Poway-City Council Agenda-December 2, 2014 8. CITY ATTORNEY ITEMS ADJOURNMENT The Poway City Council welcomes you and encourages you r continued i nterest and involvement in the City's decision-making process. The City of Poway complies with the Americans with Disabilities Act. Upon request this agenda will be made available in appropriate alternative formats to persons with disabili ties as required by section 202 of the American with Disabilities Act o f 1990. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk's Office at 858-668-4530 at least State of California County of San Diego 24 hours before the meeting, if possible. ) ) ss. ) AFFIDAVIT OF POSTING I, Sheila R. Cobian, City Clerk of the City of Poway, hereby declare under penalty of perjury that this notice of a Regular Meeting as called by the City Council of the City of Poway was posted and provided on November 25, 2014, at 3:30p.m. Said meeting to be held at 7:00p.m ., December 2, 2014, in the Poway City Council Chambers, 13325 Civic Center Drive, Poway, California. Said notice was posted on the Bulletin Board at the entrance to City Hall. Page4 Item 1.1· Approval of Reading by Title Only and Waiver of Reading in Full of Ordinances on Agenda. 1 of 25 APPROVED D APPROVED AS AMENDED D City of Poway COUNCil AGENDA REPORT (SEE MINUTES) DENIED D REMOVED D CONTINUED ____ _ DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: RESOLUTION NO. ___ _ December 2, 2014 Honorable Mayor and Members of the City Council Daniel Singer, City Manager ~i) Scott Edwards, Director of Administrative Services~ Andrew White, Finance Manager CIV Ratification of Warrant Registers for the Periods of October 20 through October 24, 2014 and October 27 through October 31, 2014 The attached warrant register reports for the periods of October 20 through October 24, 2014 and October 27 through October 31, 2014, are submitted to the City Council for ratification/approval. Recommended Action: It is recommended that the City Council ratify/approve the warrant registers for the periods of October 20 through October 24, 2014 and October 27 through October 31, 2014. Background: Weekly registers of audited demands are periodically submitted to the City Council by the Director of Administrative Services for ratification/approval. Findings: Date October 20 through October 24 Amount $2,600,925.10 Warrants for amounts in excess of $100,000 for this period include: Warrant Freddie Mac Investment Check Number 00903218 Amount $2,001 ,083.33 December 2, 2014 Item# 1.2 2 of25 Warrant Report December 2, 2014 Page 2 Date October 27 through October 31 Amount $2,574,887.18 Warrants for amounts in excess of $100,000 for this period include: Warrant November 2014 Medical Insurance Premium September 2014 Water Purchase Payroll 10-17-14, Retirement Payroll10-31-14 Fiscal Impact: Check Number 00228660 00228753 00903219 00903220 Amount $ 202,712.93 $1,350,859.92 $ 149,502.36 $ 452,153.27 The total amount of warrants for the period of October 20 through October 24, 2014, is $2,600,925.1 0. The total amount of warrants for the period of October 27 through October 31, 2014, is $2,574,887.18. Environmental Review: This item is not subject to CEQA review. Public Notification: None Attachments: Warrant Register for the period of October 20 through October 24, 2014 Warrant Register for the period of October 27 through October 31, 2014 December 2, 2014 Item # 1.2 w The City of Poway Director of Administrative Services Submits the Following Register of Run Date: 23-0ct-14 0 Demands for the period 10120!2014 -10/2412014 and Recommends its Ratification/Approval: Page: 1 of 14 .... ...., c.n Check Number Date Payee/Vendor Invoice Comment Fund Orgn Acct Prof!. CheckAmt 00228522 23-0ct-14 @00010119 3M Cogent, Inc. 239661 September 2014 Fingerprinting 100 0101 4934 100 9.10 00228523 @00004762 Abean a Industries 953634 Chemicals for Pool 100 0203 4502 400 592.19 954566 Chemicals for Pool 100 0203 4502 400 454.47 Total for Check 00228523 1,046.66 00228524 23-0ct-14 -----Patient ..... Overpayment on account 100 8141 45.00 00228525 @00002106 Airgas USA, LLC 9031874906 Chemicals for Pool 100 0203 4502 400 335.62 9032160200 Chemicals for Pool 100 0203 4502 400 389.50 9921776889 Safety Supplies 100 0501 4750 200 1,345.25 9921776890 Safety Supplies 100 0503 4750 200 505.25 9921807605 WTP: cylinders rented-air, C02, propane, 02 510 0402 4760 300 137.75 Total for Check 00228525 2,713.37 00228526 23-0ct-14 @00000079 Allstar Fire Equipment, Inc 176525 SCBA Repairs 100 0501 4308 200 343.35 176743 SCBA Repairs 100 0501 4308 200 153.08 Total for Check 00228526 496.43 00228527 23-0ct-14 @00010815 American Construction and Supply Inc. 40601017141601 Alta Mira Reservoir: Handhole covers: 510 0402 4760 300 1,106.51 00228528 -----Ames, Brett 21802700-1 0 Closing Balance Refund, Over Payment 510 8120 43.78 00228529 @00000152 Aramark Refreshment Services 1267427 Monthly Cappuccino Equip Lease-PCPA-11/1 100 0204 4936 400 49.00 00228530 @00005241 Aramark Uniform Services Inc 588-6854642 Fleets: Uniforms, mats, shop towels 611 0413 4928 300 8.78 588-6854642 Fleets: Uniforms, mats, shop towels 100 0419 4120 300 36.00 588-6861193 Parks: Uniforms & mats 100 0419 4120 300 1.84 588-6861193 Parks: Uniforms & mats 100 0418 4928 300 14.03 588-6872464 Parks: Uniforms & mats 100 0419 4120 300 1.84 c 588-6872464 Parks: Uniforms & mats 100 0418 4928 300 14.03 CD (") 588-6877097 Fleets: Uniforms, mats, shop towels 100 0419 4120 300 39.85 CD 3 588-6877097 Fleets: Uniforms, mats, shop towels 611 0413 4928 300 8.78 C" 588-6877098 Wk 10/8/14: Meter Readers uniforms 510 0401 4928 300 2.64 CD .., 588-6877099 Wk 10/8/14: Util Sys & WTP uniforms; mats 510 0402 4928 300 16.21 ...., ...., 588-6877099 Wk 10/8/14: Util Sys & WTP uniforms; mats 510 0401 4928 300 13.87 0 ..a. 588-6877099 Wk 10/8/14: Util Sys & WTP uniforms; mats 100 0419 4120 300 6.72 ,f:l. 588-6877100 Warehouse: Uniforms 510 0410 4928 300 1.32 ;:::; 588-6877101 Facilities: Uniforms & mats 100 0419 4928 300 4.42 CD 588-6877101 Facilities: Uniforms & mats 100 0419 4120 300 3.05 3 =It 588-6877103 Wk 10/8/14: WW Collect & Recycled uniforms 510 0406 4928 300 2.37 ..a. 588-6877103 Wk 10/8/14: WW Collect & Recycled uniforms 520 0405 4928 300 13.17 ...., 588-6877104 Streets: Uniforms 100 0418 4928 300 18.20 .llb 0 Register of Demands Page 2 of 14 Warrants From 10/2012014-10124/2014 -N Check U'l 0 CD C') CD 3 C" CD Number 00228530 Date PaJ!f!!~!'dor Invoice Comment Fund Orgn Acct Prog 23-0ct-14 @00005241 Aramark Uniform Services Inc 588-6877105 Parks: Uniforms & mats 100 0418 4928 300 588-6877105 Parks: Uniforms & mats 100 0419 4120 300 588-6877106 Facilities: Mats 100 0419 4120 300 588-6877108 Stormwater: Uniforms 231 0412 4928 300 588-6881441 Weekly Mat Service-PCPA 100 0204 4928 400 588-6883745 Parks: Uniforms & mats 100 0419 4120 300 588-6883745 Parks: Uniforms & mats 100 0418 4928 300 588-6883746 Towels & Mats 100 0501 4928 200 588-6883747 Towels & Mats 100 0501 4928 200 588-6883749 Towels & Mats 100 0501 4928 200 588-6888417 Fleets: Uniforms, mats, shop towels 100 0419 4120 300 588-6888417 Fleets: Uniforms, mats, shop towels 611 0413 4928 300 588-6888418 Wk 10/15/14: Meter Readers uniforms 510 0401 4928 300 588-6888419 Wk 10/15/14: Util Sys & WTP uniforms; mats 100 0419 4120 300 588-6888419 Wk 10/15/14: Uti I Sys & WTP uniforms; mats 510 0401 4928 300 588-6888419 Wk 10/15/14: Util Sys & WTP uniforms; mats 510 0402 4928 300 588-6888420 Warehouse: Uniforms 510 0410 4928 300 588-6888421 Facilities: Uniforms & mats 100 0419 4928 300 588-6888421 Facilities: Uniforms & mats 100 0419 4120 300 588-6888422 Wk 10/15/14: Water Distribution uniforms 510 0404 4928 300 588-6888423 Wk 10/15/14: WW Collect & Recycled uniforms 520 0405 4928 300 588-6888423 Wk 10/15/14: WW Collect & Recycled uniforms 510 0406 4928 300 588-6888424 Streets: Uniforms 100 0418 4928 300 588-6888425 Parks: Uniforms & mats 100 0418 4928 300 588-6888425 Parks: Uniforms & mats 100 0419 4120 300 588-6888426 Facilities: Mats 100 0419 4120 300 588-6888427 Weekly Mat Service-Lake 100 0202 4928 400 588-6888428 Stormwater: Uniforms 231 0412 4928 300 588-6892790 Weekly Mat Service-PCPA 100 0204 4928 400 Total for Check 00228530 CheckAmt 15.17 7.74 143.24 13.85 14.78 1.84 14.03 19.09 5.50 20.83 36.00 8.78 2.64 6.72 13.87 16.21 1.32 4.42 5.42 15.57 13.17 2.37 17.91 15.17 7.74 143.24 5.16 13.85 14.78 807.53 ..,00228531 23-0ct-14@00010111 AT&T 5776453 858-679-2710CommParkFaxline-9/14 100 0208 3310 400 47.56 w 5813904 858-487-5798 Sta #2 100 0501 3310 200 16.98 N 0 ..a. .llb ;::; CD 3 =It ..a. N 5813905 5819291 5819317 5819323 5819324 5819332 5819335 858-668-1726 100 858-486-0169 100 858-486-0228 WTP SCADA/911 modem line 510 858-486-4810 PCPA Alarm Line-9/14 100 858-486-5694 611 858-513-0625 Lake Phone Line -10/14 100 Library Alarm Lines (858-513-1785) Oct 2014 100 0106 3310 100 1,205.87 0418 2200 300 15.21 0402 3310 300 17.07 0204 3310 400 32.95 0413 3310 300 16.99 0202 3310 400 62.80 0206 3310 400 62.55 CJI Register of Demands Page 3 of 14 0 Warrants From 10/20/2014-/0/24/20/4 -Check N CJI Number Date PaJ:_ee/Vendor Invoice Comment Fund Orfi.n Acct Prof!. CheckAmt 00228531 23-0ct-14 @00010111 AT&T 5819338 858-513-3835 100 0418 2200 300 16.67 5819340 858-513-8221 100 0418 2200 300 16.67 5822852 858-513-4376 100 0400 3310 300 62.25 Total for Check 00228531 1,573.57 00228532 23-0ct-14 @00006936 Aztec Landscaping Inc. 0026761-IN Landscape Maintenance: Poway Water Treatm 510 0402 4116 300 153.37 00228533 @00010876 Blue Tarp Financial Inc. 31511663 26 Gal. Spot Sprayer 100 8644 -11.75 31511663 26 Gal. Spot Sprayer 231 0412 4760 300 146.99 31511663 26 Gal. Spot Sprayer 231 0412 4760 300 11.75 Total for Check 00228533 146.99 00228534 23-0ct-14 @00004317 Boot World Inc 1114681-IN Dock Attendant Boots 100 0202 4928 400 170.00 1114844-IN Safety shoes 100 0419 4928 300 168.11 1114844-1 N-A FY15 safety shoes allowance 510 0404 4928 300 155.50 Total for Check 00228534 493.61 00228535 23-0ct-14 @00000659 Bowers, Robert 0014-3789-8443 Reimbursement-UST Exam Fee 2014 611 0413 4908 300 75.00 00228536 @00006685 Brenntag Pacific, Inc. BPI209195 WTP: calcium hypochlorite empty drums returne510 0402 4502 300 -80.00 BPI461434 WTP: calcium hypochlorite granules -3 drums 510 0402 4502 300 894.24 Total for Check 00228536 814.24 00228537 23-0ct-14 @00010463 C.A. Short Company 1052926 Employee Service Award 100 0101 4506 100 163.59 00228538 @00004756 Cal-State Auto Parts Inc 397291 Units #76 & #776: Batteries 611 0413 4799 300 184.17 00228539 @00006901 California Commercial Asphalt, LLC 144103 1/2 Type Ill 211 0411 4520 300 270.37 00228540 @00005556 Cannon Pacific Services, Inc 999554 Special Sweeps 211 0411 4332 300 101.72 999556 Street Sweeping 211 0411 4332 300 17,619.83 Total for Check 00228540 17,721.55 000228541 23-0ct-14 @00011155 Career Survival Group POWAY 2014-1 Training presentation 100 0501 4908 200 5,000.00 ~ 00228542 @00011052 Carollo Engineers Inc. 0137513 Water Distribution System Maintenance 1701A 1000P 1714B 600 20,885.00 CD 0137593 Water Treatment Plant Maintenance and 1704A 1000P 1714B 600 4,243.25 3 C" CD Total for Check 00228542 25,128.25 .., N00228543 23-0ct-14 @00000507 Char1es P Crowley Co 20609 WTP: Pulsafeeder 0-ring gaskets 510 0402 4760 300 192.48 ~00228544 @00011152 Garnishment Recipient PPE 10/12/14 Payroll Garnishment 100 8620 92.30 ~00228545 @00005793 Christophiades, Arthur 3013.200-10.14 Instructor Payment Fall 2014 100 0208 4118 400 1,443.00 ~00228546 @00007044 CL2B 2328 WTP: PM kits (5) 510 0402 4760 300 761.45 ;::; 2329 WTP: AAA1160 PM kits 510 CD 0402 4760 300 728.95 3 Total for Check 00228546 1,490.40 :t:t ...a,00228547 23-0ct-14 @00010834 Clinical Laboratory of San Bernardino Inc. 938769 FY2014/2015 Monthly Wastewater Analysis 520 0403 1708 300 112.00 i-.loo228548 @00005666 Conder, Christopher UTIL MGMT Tuition Reimbursement 100 0101 4926 100 91.18 0') Register of Demands Page 4 of 14 0 Warrants From 1012012014-1012412014 -Check N U'l Number Date PaJ!.ee/Vendor Invoice Comment Fund Orfi.n Acct Profi. CheckAmt 00228549 23-0ct-14 @00010175 Corodata Media Storage Inc. DS1264589 Backup Data Storage September 2014 100 0104 4120 100 143.87 00228550 @00000737 Corodata Records Management Inc. RS4114456 9/1/14-9/30/14 100 0011 4120 100 1,249.60 00228551 @00011158 Courtesy Refrigeration Inc. 72841 Concession Refrigerator Repair-PCPA 100 0204 4308 400 423.30 00228552 @00000949 Culligan Water Conditioning 970063 FY 2014/2015 Water Softener System rent: 510 0402 4502 300 250.00 00228553 @00005305 Curtis Engineering Corp 14062 Unit #1 0: Crane Inspection 611 0413 4312 300 500.00 00228554 @00000443 Department of Fish & Game IMPORT 12/17/14 Importation Permit-12/17/14 Trout 100 0202 5730 400 48.25 IMPORT 12/29/14 Importation Permit-12/29/14 Trout 100 0202 5730 400 48.25 IMPORT-12/3/14 Importation Permit-12/3/14 Trout 100 0202 5730 400 48.25 Total for Check 00228554 144.75 00228555 23-0ct-14 @00004462 Department of Industrial Relations (Accounting) E1219875SD Annual Elevator lnspection-PCPA 100 0204 5730 400 225.00 E1219880SD Annual Stair Lift lnspection-PCPA 100 0204 5730 400 125.00 Total for Check 00228555 350.00 00228556 23-0ct-14 @00010701 DHK Engineers, Inc. 4058 WTP chlorine scrubber: Pilot Traverse test 8/4/ 510 0402 4120 300 975.00 00228557 @00004897 Diamond Environmental Services 278775 Event Portable Service-Blue Sky (10/10-10/13) 100 0207 4120 400 142.40 282010 Portable Services -Blue Sky 100 0207 4120 400 240.34 284823 Kumeyaay restroom svc 9/19/14-10/16/14 100 0418 4120 300 81.65 284824 Iron Min Trail restroom svc 9/19/14-10/16/14 100 0418 4120 300 532.36 Total for Check 00228557 996.75 00228558 23-0ct-14 @00010930 Division of the State Architect FY15 QTR1 FEES FY15 SB 1186 Disability Access Fees Jui-Sep 2 283 8636 99.60 00228559 @00006995 Enniss Inc. 395026 dump fees -three loads 211 0411 4520 300 120.00 00228560 @00006933 Fastenal Company CAPOW32151 LS-2: circulating pump mount 520 0403 4760 300 458.58 CAPOW32201 1" gate opening galvanized steel carabiner 510 0402 4760 300 124.33 CAPOW32249 WTP: delicate task wipes 510 0402 4760 300 205.60 Total for Check 00228560 788.51 ~00228561 23-0ct-14 -----Faucher, Kenneth & Patricia RW14-0216 Security release for ROW #14-0216 762 0399 5980 900 5,000.00 ~ 00228562 @00000897 Fed Ex 2-816-72467A Shipping -Hardware Repair 100 0104 3320 100 14.09 3 2-816-72467B Shipping of operating supplies 100 0501 4710 200 12.75 tr Total for Check 00228562 26.84 CD ..... ~Noo228563 23-0ct-14 @00001144 Ferguson Waterworks 0490354 1 OOWs: brass nipple gbl; brass meter flange 510 0404 4760 300 270.88 N 0491019 0 WW Collection: Northcrest job coupling 520 0405 4760 300 64.37 ...a. Total for Check 00228563 335.25 .1)1. S"oo228564 23-0ct-14 -----Fess Parker Santa Barbara Hotel 87877715 Hotel for conference 10/29/14-10/31/14 100 0107 3140 100 465.74 3 00228565 Finley, G 32731700-13 Closing Balance Refund, Over Payment 327317510 8120 7.25 =It 00228566 @00000915 Fire Etc. 67117 Equipment 100 0501 4760 200 525.16 ...a. 67311 PPE Equipment 100 0501 4760 200 650.88 N ...... Register of Demands Page 5 of 14 0 Warrants From !012012014-10/2412014 -Check N Ul Date Payee/Vend()!___ ____ Invoice Comment Fund Orgn Acct Prog Number CheckAmt - Total for Check 00228566 1,176.04 00228567 23-0ct-14 @00004918 First Bankcard Center 63084240 09/14 Mastercard charges 100 0013 3140 100 711.89 63084240 09/14 Mastercard charges 100 0013 4710 100 2.99 Total for Check 00228567 714.88 00228568 23-0ct-14 @00004918 First Bankcard Center 72989173 09/14 Mastercard charges 100 0011 3140 100 450.00 72989173 09/14 Mastercard charges 100 0013 3140 100 480.00 72989173 09/14 Mastercard charges 100 0013 4924 100 75.00 Total for Check 00228568 1,005.00 00228569 23-0ct-14 @00004918 First Bankcard Center 26563926-1 0/14 Administrative Services Director credit card 100 0106 6122B 100 278.42 26563926-10/14 Administrative Services Director credit card 100 0101 4934 100 395.00 26563926-10/14 Administrative Services Director credit card 100 0101 4924 100 170.00 26563926-10/14 Administrative Services Director credit card 100 0106 6122B 100 19.28 26563926-10/14 Administrative Services Director credit card 100 0106 6122B 100 8.24 26563926-10/14 Administrative Services Director credit card 100 8644 -27.52 26563926-10/14 Administrative Services Director credit card 100 0101 4908 100 232.45 26563926-10/14 Administrative Services Director credit card 100 0104 3140 100 25.00 26563926-10/14 Administrative Services Director credit card 100 0104 4760 100 120.96 26563926-10/14 Administrative Services Director credit card 100 0104 4308 100 194.74 26563926-10/14 Administrative Services Director credit card 100 0106 6122B 100 118.07 26563926-10/14 Administrative Services Director credit card 100 0104 4760 100 49.68 Total for Check 00228569 1,584.32 00228570 23-0ct-14 @00004918 First Bankcard Center 09451222 10/14 Director's MasterCard Statement 100 0419 4308 300 528.39 09451222 10/14 Director's MasterCard Statement 520 0405 4924 300 38.18 09451222 10/14 Director's MasterCard Statement 100 0010 4904 100 79.90 0 Total for Check 00228570 646.47 (I) (") ~ 00228571 23-0ct-14 @00004918 First Bankcard Center 52305721-10/14 Oct 2014 CSD Credit Card (Robin Bettin) 100 0010 4904 100 500.00 C" 52305721-10/14 Oct 2014 CSD Credit Card (Robin Bettin) 100 0200 4904 400 1,000.00 (I) ""' Total for Check 00228571 1,500.00 N ~00228572 23-0ct-14 @00000183 Fleet Pride/Associated Truck Parts 64381823 Unit #925: Check Valve 611 0413 4799 300 26.08 ~00228573 @00004097 For Parents' and Kids' Sake 2015 GRANT Domestic Violence Prevention Program 100 0101 4908 100 5,000.00 ~00228574 @00001085 Garnishment Recipient PPE 10/12/14 Payroll Garnishment 100 8620 121.40 (j) 00228575 PPE 10/12/14 Payroll Garnishment 100 8620 35.00 3 00228576 @00001109 Full Compass Systems Ltd. 5286507 Gaffers Tape-PCPA 100 8644 -32.97 ~ 5286507 Gaffers Tape-PCPA 100 0204 4760 400 469.54 -5286507 Gaffers Tape-PCPA 100 0204 4760 400 32.97 N 5293738 Microphone Cables-PCPA 100 0204 4760 400 187.71 0) Register of Demands Page 6 of 14 0 Warrants From 10!2012014-10/2412014 -Check N c.n Number Date PaJ!.ee/Vendor Invoice Comment Fund OrG_n Acct Pros. CheckAmt 00228576 23-0ct-14 @00001109 Full Compass Systems Ltd. 5293738 Microphone Cables-PCPA 100 0204 4760 400 13.73 5293738 Microphone Cables-PCPA 100 8644 -13.73 Total for Check 00228576 657.25 00228577 23-0ct-14 @00006090 Gary F. Hoyt, Landscape Architecture Inc. CP-1969 landscape architect plan check & inspect servic 763 0399 5920 900 648.00 CP-1969 landscape architect plan check & inspect servic 763 0399 5910 900 144.00 CP-1969 landscape architect plan check & inspect servic 763 0399 5920 900 72.00 CP-1969 landscape architect plan check & inspect servic 763 0399 5920 900 144.00 CP-1969 landscape architect plan check & inspect servic 763 0399 5910 900 288.00 CP-1969 landscape architect plan check & inspect servic 763 0399 5920 900 144.00 CP-1969 landscape architect plan check & inspect servic 763 0399 5910 900 180.00 CP-1969 landscape architect plan check & inspect servic 763 0399 5920 900 36.00 CP-1969 landscape architect plan check & inspect servic 763 0399 5910 900 288.00 CP-1969 landscape architect plan check & inspect servic 763 0399 5920 900 288.00 CP-1969 landscape architect plan check & inspect servic 763 0399 5920 900 216.00 CP-1969 landscape architect plan check & inspect servic 763 0399 5920 900 144.00 CP-1969 landscape architect plan check & inspect servic 763 0399 5920 900 216.00 Total for Check 00228577 2,808.00 00228578 23-0ct-14 -----George Weir Asphalt Cons!. 49901400-43 Closing Balance Refund, Deposit 49901400-43 510 8661 1,200.00 49901400-43 Closing Balance Refund, Deposit 49901400-43 510 8120 -388.35 Total for Check 00228578 811.65 00228579 23-0ct-14 @00001207 Grainger Inc 9556937804 WTP: mise supplies 510 0402 4760 300 55.21 9559654141 WTP: disinfecting wipes 510 0402 4760 300 170.17 9563214635 Dock Supplies 100 0202 4760 400 67.72 Total for Check 00228579 293.10 5?oo228580 23-0ct-14 @00001447 Heaviland Enterprises Inc 11230 FY15 Landscape Maintenance Service: 510 0402 4116 300 1,028.00 C') 11234 Arbolitos Park: Turf & Turf Irrigation Maintenanc 100 0418 4116 300 1,369.19 (1) 3 Total for Check 00228580 2,397.19 I:T ~ 00228581 23-0ct-14 @00001645 Home Depot Commercial Account 0212789 tie downs 100 0419 4516 300 14.98 N 0220254 misc. main!. supplies 100 0419 4760 300 30.59 N 1212782 0 measuring tape 100 0419 4516 300 30.77 ...a. 1220242 Small tools & supplies 100 0419 4516 300 97.12 ~ Small tools & supplies 1220242 100 0419 4760 300 10.17 ;::; 1220243 Water Dis!: screws; washers; 3.56x3.56.96" lum510 0404 4760 300 89.25 (1) 3 2212764 Water Dis!: 1 "x18" galv nipple; 3/8"x20' rebar 510 0404 4760 300 21.74 =It 3212760 Level for Unit #1 0 611 0413 4799 300 10.20 ...a. N 3220160 Water Dis!: 3/8"x1 0' rebar; 12" blades 510 0404 4760 300 24.83 4212383 Wireless Antenna Hardware -Angle Brackets 100 0106 6122B 100 77.63 CD Register of Demands Page 7 of 14 0 Warrants From 10120/2014-10124/2014 -Check N C1l Number Date Paf.ee/Vendor Invoice Comment Fund Orfi.n Acct Prof!. CheckAmt 00228581 23-0ct-14 @00001645 Home Depot Commercial Account 4220038 Water Dist: brass nozzle; organizer bins 510 0404 4760 300 77.92 7212711 PCPA wall repair 100 0419 4760 300 42.54 9220276 Taoe measure for Unit #53 231 0412 4516 300 21.57 Total for Check 00228581 549.31 00228582 23-0ct-14 @00007019 Imperial Sprinkler Supply, Inc. 2098226-00 Irrigation supplies 100 0418 4770 300 143.59 00228583 @00006463 lnfoSend 84478 Mailing Statements 9/16/14 to 9/30/14 100 0102 4120 100 2,518.31 00228584 @00006476 Ingersoll-Rand Company 22772776 37126711 Gasket Kit 510 0406 4760 300 196.40 00228585 @00001328 Intermountain Radiator 22925 Unit #82: Radiator 611 0413 4799 300 156.60 00228586 @00003995 J J Keller & Associates Inc 9100354747 OSHA Inc Tracker Full License-1/1/15-12/31/ 100 0101 4120 100 425.00 00228587 @00010262 JCB Leasing 8367 Channel mower: bearings & knives 100 8644 -144.00 8367 Channel mower: bearings & knives 231 0412 4308 300 1,865.75 8367 Channel mower: bearings & knives 231 0412 4308 300 144.00 Total for Check 00228587 1,865.75 00228588 23-0ct-14 @00007056 JCI Jones Chemicals, Inc. 635709 FY 2014/2015 Chlorine 510 0402 4502 300 2,897.90 00228589 @00001306 JRC Printing LLC 33823 Printing Kumeyaay Brochures 100 0207 4922 400 297.00 33826 EMS Forms 100 0503 4922 200 291.60 33862 Business cards 100 0011 4922 100 34.56 33862 Business cards 100 0204 4922 400 145.80 Total for Check 00228589 768.96 00228590 23-0ct-14 @00001341 Kaiser Foundation Health Plan Inc 104676-1114 Medical Insurance Premiums-November 2014 100 8720C 4,306.54 104676-1114 Medical Insurance Premiums-November 2014 100 8720B 47,132.56 104676-71114 COBRA Medical Insurance Premiums-Novemb 100 8720C 519.25 Total for Check 00228590 51,958.35 00228591 23-0ct-14 @00010749 MaiiFinance, Inc. H4933746 Postage Machine Lease Payment-November 2100 0106 4308 100 209.56 l\?oo228592 @00007230 Martinez, Rosa 10132014 Notary Licensing 100 0101 4908 100 437.90 2 00228593 -----Martinez, Erica 2008895.001 Partial Ref for Purch Ins Prmt #13941-less gues 100 8632 7000 32.00 3 00228594 @00001673 McDougal Love Eckis Boehmer & Foley 86747 Professional services through 9/30/14 100 0012 1702C 100 2,927.20 C' 86748 Professional services through 9/30/14 100 0012 1702C 100 208.00 C1) .., 86749 Professional services through 9/30/14 100 0012 1702C 100 521.95 N 86750 Retainer Fee FY 14-15 100 0012 1702A 100 12,000.00 N 86751 Professional services through 9/30/14 100 0012 1702C 100 272.00 0 ~ .l:lo 86813 Professional services through 9/30/14 100 0012 1702C 100 1,056.00 ::; 86900 LOCC Annual Conference Reimbursements 100 0012 3140 100 1 '140.42 C1) Total for Check 00228594 18,125.57 3 =l:t:oo228595 23-0ct-14 @00001840 Napa Auto Parts/Poway 981696 Red-n-tacky grease 231 0412 4760 300 58.22 N 982656 Unit #1 0: Starter button 611 0413 4799 300 9.04 983004 Wheel weights 611 0413 4799 300 51.95 ..a. Register of Demands Page 8 of 14 0 Warrants From 10/20/2014-10/2412014 S. Check 1\) u.Number Date Payee/Vendor Invoice Comment Fund Orgn Acct Prog 00228595 23-0ct-14 @00001840 Napa Auto Parts/Poway 983046 Belts 611 0413 4 799 300 00228596 23-0ct-14 @00005825 Neal Electric, Inc 00228597 @00006611 Network Printing 00228598 @00005537 Ninyo & Moore 00228599 23-0ct-14 @00004716 North County Rebuilders 00228600 @00000775 Office Depot Business Services Division c CD n CD 3 C"' CD ""' ~ 1\) 00228601 ~00228602 ~00228603 (D00228604 3 =It ..a. 1\) 23-0ct-14 @00002007 @00006746 @00002214 Pacific Pipeline Supply PARS Payco Specialties Inc @00002313 Petty Cash Fire Department 983249 Unit #82: Thermostat & housing 611 0413 4799 300 983655 Unit#12: Belts 611 0413 4799 300 983757 61720 52976 183534 183569 85420 730906579-001 730906579-001 730906579-002 732011456-001 732011456-001 734140022-001 7350927 44-001 735116137-001 735303032-001 735405872-001 735405872-001 735493121-001 735493362-001 735508539-001 735601255-001 736229882-001 736229949-001 B1500775 300715 29845 P1500029-3 FDPC-10/17/2014 FDPC-10/17/2014 FDPC-10/17/2014 FDPC-10/17/2014 FDPC-10/17/2014 Unit #28: vacuum connection 611 0413 4799 300 Total for Check 00228595 Tower Smoke Installation 100 0501 4304 200 Teen Night Out Flyer 100 0208 4922 400 Soils and Materials Testing Services 1801A 1000P 1799 600 Inspection & Materials Testing Services 211 0411 4320B 300 Total for Check 00228598 Unit #922: diagnose cab tilt motor 611 0413 4312 300 Wall calendars; static wipes 510 0401 4710 300 Wall calendars; static wipes 510 0402 4710 300 WTP: Desk pad calendars 510 0402 4710 300 Office Supplies -Blue Sky & Lake 100 0207 4710 400 Office Supplies -Blue Sky & Lake 100 0202 4710 400 WW Collection: mar1<ers, pencils, canned duster520 0405 4710 300 Office Supplies 100 0501 4710 200 Copy paper for Admin. Services 100 0106 4710 100 Office supplies 100 0301 4710 100 Office supplies 510 0410 4710 300 Office supplies 100 0418 4710 300 Office Supplies 100 0103 4710 100 Office Supplies 100 0103 4710 100 WTP: tabs; printer toner 510 0402 4710 300 Office Supplies -2nd Floor 100 0304 4710 100 Comm Park Office Supplies 100 0208 4710 400 Comm Park Office Supplies 100 0208 4710 400 Office supplies 100 0011 4710 100 Total for Check 00228600 Water Dis!: waterline replacement kit; accessori 510 0404 4760 300 Monthly Admin Fee-Aug 2014 100 FY14-15 Citywide Striping Project Petty Cash Fire Dept. Petty Cash Fire Dept. Petty Cash Fire Dept. Petty Cash Fire Dept. Petty Cash Fire Dept. 211 100 100 100 100 100 8719 0411 4330 300 0502 4904 200 0501 4760 200 0501 1394 200 0501 4304 200 0503 4908 200 CheckAmt 111.22 13.48 58.84 3.01 305.76 1,494.92 616.00 1,762.25 18,951.50 20,713.75 85.00 13.09 106.92 29.16 18.13 249.73 112.50 139.73 180.63 77.61 22.04 45.46 6.90 42.00 159.47 61.04 138.50 68.39 208.71 1,680.01 812.43 2,500.00 33,260.43 27.76 27.60 128.35 33.33 17.00 ~ ~ Register of Demands Page 9 of 14 Warrants From 10/20/2014-10124120/4 S, Check 1\) u.Number Date Payee/Vendor Invoice Comment Fund Orgn Acct Prog c CD (") CD 3 0" 00228605 23-0ct-14 @00002314 Petty Cash General 00228606 23-0ct-14 @00005507 Plastifab 00228607 @00000173 Poway Center for the Performing Arts Foundation 00228608 @00002702 Poway Firefighters Association 00228609 @00002741 Poway Unified School District 00228610 @0001 0911 R & B Pinto Properties LLC 00228611 @00002867 RDO Equipment Company Inc 00228612 @00002239 Rex Trophies 00228613 @00003764 Road One Total for Check 00228604 10-17-2014 Petty Cash General 100 0010 3140 100 10-17-2014 Petty Cash General 100 0101 4934 100 10-17-2014 Petty Cash General 100 0101 4934 100 10-17-2014 Petty Cash General 100 0101 4934 100 10-17-2014 Petty Cash General 100 0101 3140 100 10-17-2014 Petty Cash General 100 0013 3140 100 10-17-2014 Petty Cash General 100 0010 3140 100 10-17-2014 Petty Cash General 100 0010 3140 100 10-17-2014 Petty Cash General 100 0013 3140 100 10-17-2014 Petty Cash General 100 0010 3140 100 10-17-2014 Petty Cash General 100 0104 3140 100 10-17-2014 Petty Cash General 100 0101 4934 100 10-17-2014 Petty Cash General 100 0301 3110 100 10-17-2014 Petty Cash General 100 0301 3110 100 10-17-2014 Petty Cash General 100 0301 3140 100 Total for Check 00228605 98974 Apparatus Parts 100 0501 4308 200 10152014 Foundation ticket sales transfer-PCPA 100 8641 PPE 10/12/14 Fire Association dues for PPE 10/12/14 100 8615 16276 Maintenance: various school fields 100 0418 4914 300 LKCONC OCT81214 Weekly Concession Payment 100 8647 P37118 WERK-BRAU #PRB336 Pavement Bucket 211 0411 6199 300 101314 Community Relations 100 0010 4904 100 568618 Mowing Excavator Crosthwaite to Old Pomerad 231 0412 4120 300 568619 Mowing Excavator Old Pomerado to Arikara 231 0412 4120 300 568624 Mowing Excavator Arikara to Whispering Tree 231 0412 4120 300 Total for Check 00228613 CheckAmt 234.04 21.49 41.02 15.85 39.39 50.00 29.92 14.49 9.98 225.00 61.24 45.66 25.07 35.22 25.20 6.00 645.53 664.20 14,463.00 1,693.52 17,125.00 2,226.40 3,375.00 107.63 224.00 224.00 224.00 672.00 CD 00228614 23-0ct-14 @00006418 Rochester Midland Corporation 1135298 Handsfree restroom billing thru October 100 0419 4114 300 657.75 ~----------------~~------------------------------------------------------------------------~~------------------------------------------------ _1\) 00228615 @00005968 Garnishment Recipient PPE 10/12/14 Payroll Garnishment 100 8620 353.54 1\) 00228616 @00000627 San Diego County Treasurer-Tax Collector 2771700800-1014 Property Tax 100 0106 5730 100 118.72 ~00228617 2771700890-1014 Property Tax 100 0106 5730 100 9.38 ~ 00228618 @00002318 San Diego Gas & Electric 0704702278-1014 Training Tower 100 0501 2110 200 2,994.04 a;-11183824010/14 16275 Espola 9/10/14-10/9/14 100 0418 2110 300 120.57 3 1453224891-1014 13094 Civic Center Or-Monthly Electric Pool-9/1100 0203 2110 400 7,546.42 ~ 23194668910/14 12325 Crosthwaite Cir 9/11/14-10/10/14 510 0410 2110 300 186.42 ~ 264803272-10/14 Meadowbrook Field Lights Oct 2014 100 0201 2110 400 1,060.40 1\) 320896888-10/14 Skate Park Lights Oct 2014 100 0208 2110 400 337.03 ..a. Register of Demands Page 10 of 14 N Warrants From 10/2012014-1012412014 S. Check N u.Number Date Payee/Vendor Invoice Comment Fund Orgn Acct Prog c (I) (") (I) 3 C" (I) ... N N 0 ..a. -l=lo <D 3 =It ..a. N 00228618 23-0ct-14 @00002318 San Diego Gas & Electric 00228619 23-0ct-14 @00002312 San Diego Gas & Electric/Sundry 3222233251.1014 14560 Lake Poway Rd-Monthly Electric-Lake -1 00 324308441 10/14 14022 1/2 Pomerado 9/10/14-10/9/14 100 373257630 10/14 12207 Old Pomerado 9/11/14-10/10/14 100 416396102 10/14 15001 Hwy 67 9/11/14-10/10/14 100 482624663 1 0/14 12490 1/2 Old Pomerado 9/11/14-10/10/14 100 483014507 10/14 14283 Silver Ridge 9/11/14-10/10/14 100 6015334224-1014 13104 Silver Lake Or-Monthly Electric Service-9 100 640251669 10/14 13544 Aubrey 9/14/14-10/13/14 100 712609287 10/14 15003 1/2 Pomerado 9/15/14-10/14/14 100 820582715 10/14 14467 Lake Poway Rd 9/11/14-10/10/14 100 8208113748.1014 15498 Espola Rd-PCPA Monthly Electric-9/14 100 824654248 10/14 14795 1/2 Silverset 9/15-14-10/14/14 100 867977376 10/14 13250 Pomerado 9/10/14-10/9/14 100 93746846010/14 137431/2 Carriage9/15/14-10/14/14 100 9532131079-1014 Sta #3 100 995229760 10/14 14401 Pomerado 9/14/14-10/13/14 100 9958016173-1014 14135 Midland Rd-Monthly Electric-Veterans Pk 100 0679332006-1014 Group Sundry Bill 100 0679332006-1014 Group Sundry Bill 100 3150777677-1014 Group Sundry Bill 275 3150777677-1014 Group Sundry Bill 100 3150777677-1014 Group Sundry Bill 275 3619489005-1014 Group Sundry Bill 510 3619489005-1014 Group Sundry Bill 611 3619489005-1014 Group Sundry Bill 265 3619489005-1014 Group Sundry Bill 269 3619489005-1014 Group Sundry Bill 264 3619489005-1014 Group Sundry Bill 100 3619489005-1014 Group Sundry Bill 100 3619489005-1014 Group Sundry Bill 275 3619489005-1014 Group Sundry Bill 100 3619489005-1014 Group Sundry Bill 263 3871898157-1014 Group Sundry Bill 100 3871898157-1014 Group Sundry Bill 100 3871898157-1014 Group Sundry Bill 100 3871898157-1014 Group Sundry Bill 100 3871898157-1014 Group Sundry Bill 100 7003797598-1014 Group Sundry Bill 264 0202 2110 400 0418 2110 300 0418 2110 300 0418 2110 300 0418 2110 300 0418 2110 300 0207 2110 400 0418 2110 300 0418 2110 300 0400 2110 300 0204 2110 400 0418 2110 300 0418 2110 300 0418 2110 300 0501 2110 200 0418 2110 300 0205 2110 400 Total for Check 00228618 0204 2110 400 0205 2110 400 0470 2130 300 0205 2110 400 0470 2120 300 0404 2110 300 0413 2110 300 0423 2110 300 0425 2110 300 0422 2110 300 0418 2110 300 0205 2110 400 0470 2120 300 0208 2110 400 0421 2110 300 0202 2110 400 0106 2110 100 0208 2110 400 0501 2110 200 0204 2110 400 0422 2110 300 CheckAmt 1,038.55 8.32 28.66 7.00 92.91 9.10 129.07 1,071.90 7.00 1,475.54 16,289.32 365.06 9.10 214.17 3,761.82 449.39 93.68 37,295.47 29.73 110.58 25,550.84 531.45 1,917.76 8.85 1,009.30 8.05 111.66 69.33 504.65 273.35 2,180.41 28.14 45.49 437.14 296.57 86.37 61.48 175.05 17.17 ~ Register of Demands Page 11 of 14 w Warrants From 10/20/2014-10/24/2014 0 Check -N fJ!Number Date PaJ:_ee/Vendor Invoice Comment Fund OrG.n Acct ProG. CheckAmt 00228619 23-0ct-14 @00002312 San Diego Gas & Electric/Sundry 7003797598-1014 Group Sundry Bill 100 0202 2110 400 1,904.31 7003797598-1014 Group Sundry Bill 267 0424 2110 300 15.58 7003797598-1014 Group Sundry Bill 100 0501 2110 200 4,679.63 7003797598-1014 Group Sundry Bill 263 0421 2110 300 40.80 7003797 598-1 014 Group Sundry Bill 100 0204 2110 400 310.33 7003797 598-1 014 Group Sundry Bill 100 0418 2110 300 214.43 7003797598-1014 Group Sundry Bill 100 0205 2110 400 1,407.57 7003797598-1014 Group Sundry Bill 100 0208 2110 400 3,028.15 7003797598-1014 Group Sundry Bill 275 0470 2120 300 328.60 Total for Check 00228619 45,382.77 00228620 23-0ct-14 @00006857 Savmart Pharmaceutical Service 585984 EMS Supplies 100 0503 4740 200 204.12 00228621 @00011090 Schneider Electric Buildings Americas Inc. 557571 City Hall: Replacement Actuators 100 0419 4302 300 56.89 557571 City Hall: Replacement Actuators 100 8644 -56.89 557571 City Hall: Replacement Actuators 100 0419 4302 300 711.21 Total for Check 00228621 711.21 00228622 23-0ct-14 @00004843 SCS Tracer Environmental 0241521 SEPT 2014: Prof Svcs-OSHA site visit assist 510 0401 4120 300 405.40 00228623 @00002814 Sharp Rees-Stealy Medical Center 2761272670 Pre-employment Physical 100 0101 4916 100 390.00 2761272672 Pre-employment Physical 100 0101 4916 100 461.00 2761273564 Pre-employment Physical 100 0101 4916 100 454.00 2761273896 9/10/14: 0405 employee DMV medical exam 520 0405 4916 300 110.00 2761274186 Pre-employment Physical 100 0101 4916 100 58.00 2761274830 Pre-employment Physical 100 0101 4916 100 368.00 2761275327 Omori DMV Exam 100 0418 4916 300 110.00 2761275895 Staff TB Re-testing 100 0200 4916 400 36.00 2761276013 Fitness for Duty 100 0101 4916 100 285.00 0 2761278468 Pre-employment Physical 100 0101 4916 100 58.00 CD 2761278642 Pre-employment Physical 100 0101 4916 100 58.00 C') CD 2761279283 Pre-employment Physical 100 0101 4916 100 58.00 3 C" 2761279604 Pre-employment Physical 100 0101 4916 100 94.00 CD .., Total for Check 00228623 2,540.00 N N00228624 23-0ct-14 @00004422 Simplot Partners 202024129 Lake Poway: Fertilizer 100 0418 4770 300 968.43 ~00228625 @00006465 So Cal Signs, Inc. 3498 R. Martinez Plate 100 0011 4710 100 37.00 .1:1> 3517 Employee Nameplate 100 0101 4710 100 20.00 ;:::; Total for Check 00228625 57.00 CD !00228626 23-0ct-14 @00003023 South Bay Foundry Incorporated 0145371-IN 22" and 36" Sewer Lids, Frames, Bolts, Covers 520 8189 8,002.80 ~ 0145666-IN 22" and 36" Sewer Lids, Frames, Bolts, Covers 520 8189 2,935.44 N Total for Check 00228626 10,938.24 ~ Register of Demands Page 12 of 14 .f:lo. Warrants From 1012012014-10124/2014 S. Check N u.Number Date Payee/Vendor Invoice Comment Fund Orgn Acct Prog 00228627 23-0ct-14 @00007160 Specialty Electric Supply Co. 7148-525928 FS#3: lamps, sensor 100 0419 4760 300 00228628 @00005541 Statewide Safety & Signs, Inc 3854/1 Paint 211 0411 4520 300 00228629 23-0ct-14 -----Stevenson, Lyn 00228630 Summit Hotels TRS 110 LLC 00228631 @0001 0936 TelePacific Communications 00228632 @00011 019 TriZetto Provider Solutions 00228633 @00004950 Truesdail Laboratories, Inc 00228634 @0001 0371 U.S. Bank Corporate Payment System 00228635 23-0ct-14 @00007243 U.S. Bank N.A 00228636 00228637 000228638 (!) (") (!) 3 C" (!) .., N 1\)00228639 ~00228640 .f:lo. s- ;00228641 ~00228642 N @00002466 Underground Service Alert @00002473 23-0ct-14 @00000248 @00010879 23-0ct-14 @00006718 @00010115 Uniforms Plus Union Bank United Concordia Dental Plans of CA Univar USA UT Community Press 59706/1 Signs 211 0411 4514 300 2008902.001 15605780-01 60326236-0 2V4P101400 091412 4555679376-0914 4555679376-0914 4555679376-0914 4555679376-0914 4555679376-0914 4555679376-0914 4555679376-0914 4555679376-0914 4555679376-0914 4555679376-0914 4555679376-0914 4555679376-0914 PPE 10/12/14 PPE 10/12/14 920140526 36278 36279 36782 36824 887230 098976665 098976665 SD739728 99199 99199 Total for Check 00228628 Refund for Pavilion Permit 14244 100 0202 7471 400 Refund Overpayment-15605780-01 510 8120 City Hall Internet Connection-October 2014 100 0106 2200 100 September Electronic Claims 100 0102 4120 100 FY2014/2015 Potable Water Analytical Lab Ser 510 0402 4120 300 Credit card charges for Safety Services 100 0503 4908 200 Credit card charges for Safety Services 100 0501 4308 200 Credit card charges for Safety Services 100 0501 3130 200 Credit card charges for Safety Services 100 0501 4760 200 Credit card charges for Safety Services 100 0502 4908 200 Credit card charges for Safety Services 100 0501 4920 200 Credit card charges for Safety Services 100 0501 4120 200 Credit card charges for Safety Services 100 0501 4908 200 Credit card charges for Safety Services 100 0502 4 710 200 Credit card charges for Safety Services 100 0501 4304 200 Credit card charges for Safety Services 100 0503 4760 200 Credit card charges for Safety Services 100 0502 4 760 200 Total for Check 00228634 PARS contributions-PPE 10/12/14, Plan #6746 100 8721 PARS employee/er contributions, Plan #674602100 8724 SEPT 2014: POW47 new ticket charges (99) 510 0404 4924 300 Uniforms Uniforms 100 0501 4928 200 Uniforms Uniforms Trustee Fee 07/01/14-09/30/14 Dental Insurance Premium-Nov. 2014 Dental Insurance Premium-Nov. 2014 100 0501 4928 200 100 0501 4928 200 100 0501 4928 200 Total for Check 00228638 100 0103 7411 100 100 8727A 100 87278 Total for Check 00228640 FY 2014/2015 Sodium Hydroxide (Caustic Soda510 0402 4502 300 Legals -14-108 100 0011 4932 100 Legals -14-108 100 0011 4932 100 CheckAmt -284.63 118.13 82.40 200.53 200.00 1,687.96 1,039.23 23.01 8,153.06 112.85 249.05 162.75 156.41 168.00 392.23 159.92 427.98 6.79 82.34 322.50 406.43 2,647.25 50,971.64 2,395.52 148.50 123.18 754.33 400.10 754.33 2,031.94 625.00 16,964.40 47.73 17,012.13 6,038.34 71.30 71.30 -I. Register of Demands Page 13 of 14 U'l Warrants From 1012012014-1012412014 0 Check -1\) U'INumber Date PaJ:.ee/Vendor Invoice Comment Fund Orfi.n Acct Prof!. CheckAmt Total for Check 00228642 142.60 00228643 23-0ct-14 -----Van Herpe, Chad 2008908.001 Deposit Return Permit# 14433-0PP 100 0205 7471 400 200.00 00228644 @00003270 Verizon Wireless 9732867537 Public Works cell/wireless charges -8/29-9/28/1510 0401 3311 300 159.73 9732867537 Public Works cell/wireless charges -8/29-9/28/1275 0470 2200 300 38.01 9732867537 Public Works cell/wireless charges-8/29-9/28/1510 0401 2200 300 38.01 9732867537 Public Works cell/wireless charges-8/29-9/28/1211 0411 3311 300 0.76 9732867537 Public Works cell/wireless charges -8/29-9/28/1231 0412 2200 300 38.01 9732867537 Public Works cell/wireless charges -8/29-9/28/1231 0412 3311 300 1.38 9732867537 Public Works cell/wireless charges-8/29-9/28/1611 0413 3311 300 0.81 9732867537 Public Works cell/wireless charges -8/29-9/28/1100 0417 3311 300 0.19 9732867537 Public Works cell/wireless charges-8/29-9/28/1100 0419 3311 300 15.28 9732867537 Public Works cell/wireless charges -8/29-9/28/1510 0402 2200 300 38.01 9732867537 Public Works cell/wireless charges -8/29-9/28/1510 0402 3311 300 8.15 9732867537 Public Works cell/wireless charges -8/29-9/28/1510 0404 2200 300 152.04 9732867537 Public Works cell/wireless charges-8/29-9/28/1510 0404 3311 300 6.50 9732867537 Public Works cell/wireless charges -8/29-9/28/1520 0405 2200 300 152.04 9732867537 Public Works cell/wireless charges -8/29-9/28/1520 0405 3311 300 7.73 9732867537 Public Works cell/wireless charges -8/29-9/28/1100 0419 2200 300 38.01 9732867537 Public Works cell/wireless charges-8/29-9/28/1100 0418 3311 300 8.73 9732867537 Public Works cell/wireless charges -8/29-9/28/1510 0406 2200 300 38.01 Total for Check 00228644 741.40 00228645 23-0ct-14 @00003270 Verizon Wireless 9732967950 Cardiac Telementry 100 0503 3311 200 103.17 00228646 9733339693 MIFI for Back-up lnternet-PCPA Box Office 100 0204 2200 400 38.01 00228647 @00002663 Village Lock and Key 8150 Keys for Facility Tech 100 0419 4304 300 43.63 00228648 @00002730 Waxie 74873060 Comm Ctr: Sanitation supplies 100 0419 4720 300 971.77 0 74880140 Lk Poway Rec Ctr: Sanitation Supplies 100 0419 4720 300 646.77 CD n Total for Check 00228648 1,618.54 CD ~00228649 23-0ct-14 @00006206 Weed Eliminator, Inc 2014-90 As-needed vegetation management services 100 0301 4918 100 1,100.00 CD 2014-91 As-needed vegetation management services 100 0301 4918 100 5,300.00 .... 1\) Total for Check 00228649 6,400.00 ~00228650 23-0ct-14 @00010809 West Pacific Medical Laboratory 4684093014 Medical Exams 100 0501 4916 200 57.00 ,. 00228651 @00002794 Western Mower and Engine 9493 Water Dist: Quart VP 50:1 Fuel Mixed 510 0404 4760 300 30.24 ;:::; 9632 Blades, gatorline, stroke oil 100 0418 4308 300 176.98 CD Total for Check 00228651 207.22 3 :t:l:oo228652 23-0ct-14 -----Whittaker, Martyn R. 201 00600-28 Closing Balance Refund, 20100600-28 510 8120 50.00 t.J00228653 @00010637 Willis Americas Administration Inc. 788673 Willis Training Solutions-August 2014 100 0101 4908 100 20.00 00903215 20-0ct-14 @00010569 U.S. Dept. of the Treasury 102014 PE#21 Payroll W/H EFT for PE#21 100 8621 76,048.71 ..a. Register of Demands Page 14 of 14 Q) Warrants From 1012012014-10/24/2014 9. Check N CJINumber Date Payee/VemJ.or Invoice Comment Fund Orgn Acct Prog c CD (') CD 3 C" CD .., N N 0 ..a. ol:ao CD' 3 ~ ..a. N 00903215 20-0ct-14 @00010569 U.S. Dept. of the Treasury 102014 PE#21 00903216 20-0ct-14 @00010570 Employment Development Department 102014 PE#21 00903217 @00010571 Garnishment Recipient 102014 PE#21 00903218 22-0ct-14 @00000248 Union Bank 3134G5KL8 3134G5KL8 3134G5KL8 Director of Administrati>e Services Appro"d ~ Date 1\/1 I I Payroll W/H EFT for PE#21 100 8624 Total for Check 00903215 Payroll W/H EFT for PE#21 100 8622 Payroll Garnishment 100 8620 Purchase Freddie Mac 10-20-17 Maturity 100 8225A Purchase Freddie Mac 10-20-17 Maturity 100 8261 Purchase Freddie Mac 10-20-17 Maturity 100 8225 Total for Check 00903218 Register Total CheckAmt 17,930.82 93,979.53 27,046.58 1,017.21 1,000.00 83.33 2,000,000.00 2,001 ,083.33 2,600,925.10 ...a. The City of Poway Director of Administrative Services Submits the Following Register of Run Date: 31-0ct-14 ....... Demands for the period 1012712014-1013112014 and Recommends its Ratification/Approval: Page: 1 of9 0 -N (J'I Check Number Date Payee/Vendor Invoice Comment Fund Orgn Acct Prog CheckAmt 00228654 31-0ct-14 @00005371 A 0 Reed & Co 232355A City Hall: AHU controllers 100 0419 4302 300 3,227.00 00228655 @00004762 Abcana Industries 955055 Chemicals for Pool 100 0203 4502 400 344.30 00228656 @00000061 Agricultural Pest Control 344696 Various Parks: pest control 10/24/14 100 0418 4120 300 855.00 00228657 @00002106 Airgas USA, LLC 9032353874 Chemicals for Pool 100 0203 4502 400 389.50 9032457720 EMS supplies 100 0503 4750 200 88.51 Total for Check 00228657 478.01 00228658 31-0ct-14 @00000099 American Backflow Specialties Inc INV31620 3/4" RP Assy 100 0418 4770 300 225.95 00228659 @00004463 Anthem Blue Cross 000410833C Vision Insurance Premium-November 2014 100 87288 26.88 000410833C Vision Insurance Premium-November 2014 100 8728A 2,620.80 Total for Check 00228659 2,647.68 00228660 31-0ct-14 @00004463 Anthem Blue Cross 000314557E Medical Insurance Premium-November 2014 100 8720A 197,760.65 000314557E Medical Insurance Premium-November 2014 100 8720C 4,952.28 Total for Check 00228660 202,712.93 00228661 31-0ct-14 @00005011 Aqua-Metric Sales Co 0053643-IN Meters 510 0404 4899 300 6,861.34 00228662 @00005241 Aramark Uniform Services Inc 588-6895051 Towels and mats for Sta 2 100 0501 4928 200 19.09 588-6895052 Towels and mats for Sta 1 100 0501 4928 200 8.05 588-6899659 Mat Service -Lake 100 0202 4928 400 5.16 Total for Check 00228662 32.30 00228663 31-0ct-14 @00005241 Aramark Unifonm Services Inc 15935~36 Ranger Boots-Lake 100 0202 4928 400 156.05 00228664 @00010111 AT&T 5776458 858-679-4920 263 0421 2200 300 14.90 5819320 858-486-3210 OPP Porter House Phone-9/14 100 0205 3310 400 47.36 0 5819380 858-592-4791 Sta 2 modem 100 0501 3310 200 46.72 CD 5821283 858-748-6163 Sta 1 alarm 100 0501 3310 200 62.56 C') CD 5821858 858-391-0248 OPP Train Depot Phone-9/14 100 0205 3310 400 46.41 3 C" Total for Check 00228664 217.95 CD ... N00228665 31-0ct-14 @00000281 Seeds Embroidery 1279 K. Quinn -5 shirts 231 0412 4928 300 150.12 11.)00228666 @00010876 Blue Tarp Financial Inc. 31584944 Parks: Equipment Repair 100 0418 4308 300 17.11 ...a. 31584944 Parks: Equipment Repair 100 8644 -17.11 ~ 31584944 Parks: Equipment Repair 100 0418 4308 300 225.90 ;:::;: Total for Check 00228666 225.90 CD 3 :f:t 00228667 31-0ct-14 @00003870 Bound Tree Medical, LLC 81571111 EMS supplies 100 0503 4740 200 2,124.84 ....a.00228668 @00000322 Cable, Pipe, and Leak Detection 477661 Library: located utilities & sewer/drain lines 100 0419 4120 300 690.00 Noo228669 @00006901 California Commercial Asphalt, LLC 144575 1/2 Type Ill 211 0411 4520 300 273.75 ..a. Register of Demands Page 2 of 9 CO Warrants From 10/2712014-1013112014 S, Check 1\) u.Number Date Payee/Vendor 00228670 31-0ct-14 @00000382 California Municipal Statistics Inc. 00228671 @00000398 Calolympic Glove & Safety Company Inc 00228672 @00005556 Cannon Pacific Services, Inc 00228673 @00007403 Capital One Commercial 00228674 31-0ct-14 @00010348 Chemtrade Chemicals US LLC 00228675 @00000539 City Treasurer 00228676 @00006221 Code Publishing Company 00228677 @00005872 Cole-Parmer Instrument Company, Inc. 00228678 @00002830 Costco Wholesale 00228679 @00003472 County of San Diego DEH 00228680 @00000813 Cox Communications 00228681 00228682 00228683 00228684 @00006614 CRA Payment Center 00228685 @00006176 Creswell Marketing 00228686 @00000949 Culligan Water Conditioning 00228687 @00004009 CWEA 00228688 Darmark Corp. 00228689 00228690 @0001 0127 Dave's Sport Sales & Screen printing 00228691 @00004897 Diamond Environmental Services 00228692 @00010744 Durbin, John :l?oo228693 n @00000752 E-W Truck & Equipment Company, Inc CD 3 C" ~ 00228694 ~1\) 00228695 1\) 0 ..a. ~ CD" 3 ~ ..a. 1\) 31-0ct-14 @00003453 @00000870 EMS Personnel Fund-Calif. EMS Authority Esgil Corporation Invoice 14102202 333507-1 999555 007363 007385 144297195211 90678543 1000116638 47937 9033235 0775510063804 128372 2014 6918601-10/14 62872701-10/14 67845201-10/14 62624301-10/14 200701 CM214316 90423391 340841 2014 8974-96 DR96-14 13532 288741 D3 EXAMFEE 336119 336391 P05768-2014 W/E 8/29/14 W/E 8/29/14 W/E 9/12/14 W/E 9/12/14 W/E 9/19/14 W/E 9/19/14 W/E 9/26/14 W/E 9/26/14 W/E 9/5/14 Comment Fund Orgn Acct Prog 6/30/14 Overlapping Debt Statement 100 0103 4924 100 Ear plugs 100 8189 Maintenance Services: Shelters 1242A 1000P 4120 600 Concession Supplies-PCPA 1 00 0204 4 799 400 Volunteer Meeting & Usher Potluck Supplies-P 100 Concession Supplies-PCPA 100 FY2014/2015Aium(dryton) 510 Dispatch Paging 7/1/14 to 9/30/14 100 Municipal code suppl. update #28 100 WTP KMn04: tubing, connectors 510 Teen Glow-in-the-Dark Dodgeball Supplies 100 Permit 128372 2014 renewal 611 Cable TV-Fire Station 1 -10/8/14-11/7/14 100 Halllnternet!Cable TV-10/22/14-11/21/1 100 Cable TV-Public Works Center 1 0/24-1 0/2 1 00 Cable TV-Public Works Treatment 10/24-11/23/ 100 Unit #665: Joints 611 PPE equipment 100 FY 2014/2015 50# bags salt, ordered as neede 510 Matt Thompson: CWEA mmbrshp ID 340841, 12 520 release of grading deposit 761 release of remaining landscape deposit 761 Reserve Park Ranger Uniforms 100 14656 Lake Poway-service 10/7/14 100 WOO D3 exam fee, test 9/20/14 Unit #929: 3 keys Unit #28: Windshield washer fitting 510 611 611 Paramedic card renewal-Mitchell 100 building plan check/inspect services w/e 8-29-1 100 building plan check/inspect services w/e 8-29-1 100 building plan check/inspect services w/e 9-12-1 100 building plan check/inspect services w/e 9-12-1 100 building plan check/inspect services w/e 9-19-1 100 building plan check/inspect services w/e 9-19-1 100 building plan check/inspect services w/e 9-26-1 100 building plan check/inspect services w/e 9-26-1 100 building plan check/inspect services w/e 9-5-14 100 0204 4 760 400 0204 4 799 400 Total for Check 00228673 0402 4502 300 0501 4106 200 0011 4120 100 0402 4760 300 0208 4760 400 0413 5730 300 0106 2200 100 0106 2200 100 0106 2200 100 0106 2200 100 0413 4799 300 0501 4760 200 0402 4502 300 0405 4924 300 7221 5980 900 7063 5980 900 0205 4928 400 0418 4120 300 0404 4924 300 0413 4799 300 0413 4799 300 Total for Check 00228693 0503 4908 200 0303 1706 100 0303 1707 100 0303 1707 100 0303 1706 100 0303 1707 100 0303 1706 100 0303 1706 1 00 0303 1707 100 0303 1706 1 00 CheckAmt -425.00 88.78 1,400.86 86.76 98.59 345.78 531.13 3,274.11 29,406.00 193.05 65.87 163.43 1,421.00 87.07 174.08 67.25 67.25 201.33 217.08 502.74 156.00 5,900.00 277.40 466.13 27.00 100.00 81.65 6.16 87.81 200.00 14,559.86 466.89 622.52 10,455.25 3,800.29 17,748.18 11,808.49 1,428.62 17,173.30 ...Jo. Register of Demands Page 3 of 9 CD Warrants From 1012712014-10/31/2014 S, Check N u.Number Date Payee/Vendor 0 CD 00228695 31-0ct-14 @00000870 Esgil Corporation 00228696 31-0ct-14 -----EVALS, LLC 00228697 @00006933 Fastenal Company 00228698 31-0ct-14 @00001144 Ferguson Waterworks 00228699 31-0ct-14 @00010264 Financial Credit Network 00228700 @00010652 Garda CL West Inc. 00228701 @00011159 GIS Planning Inc. 00228702 @00010003 Goldfarb & Lipman LLP g 00228703 31-0ct-14 @00011 046 @00001207 Governor's Office of Emergency Services Grainger Inc 3 00228704 0" CD .., ~ N 0 ...Jo. ollt> Invoice W/E 9/5/14 61525 CAPOW32237 CAPOW32242 CAPOW32243 CAPOW32243 CAPOW32244 CAPOW32280 CAPOW32323 0489464 0489464-1 0490483 0490485 0490487 0491784 0491785 SEPT. 2014 20025915 10042 113942 113943 DC-EMS CERT 9560844004 9562388661 9562578378 9563584078 9574605722 9574882131 Comment Fund Orgn Acct Prog building plan check/inspect services w/e 9-5-14 100 0303 1707 1 00 Total for Check 00228695 records software 100 0501 4908 200 Squinchers 100 8189 Hex Screws 510 8189 Hex Screws, Mk Pt 510 8189 Hex Screws, Mk Pt 100 8189 Kit Strainers 100 8189 C Cell batteries 100 8189 Inverted striping paint (Standard) 100 8189 Total for Check 00228697 Curb Stops, Corp Stops, Meter Couplings 510 8189 Curb 510 8189 510 8189 510 8189 Meter 510 8189 copper tubing 510 8189 Angle Meter Valve 510 8189 Total for Check 00228698 Amount due FCNET from PWYGAR account 100 0502 7754 4000 Armored car service-off day route/excess items 100 0106 4120 100 50% Zoom Prospector Enterprise-Full Edition 100 0014 1799 100 As-Needed Legal Services 100 0309 1702B 100 As-Needed Legal Services 100 0309 1702B 100 Total for Check 00228702 Emer Management Specialist Certificate-Cawth 100 0500 4908 200 Beverage cooler 100 8189 FAKs, thread tape, cleaning tissues 100 8189 Plates 510 0410 4710 300 Soil Probes 100 8189 Batteries 100 8189 Cleanout Pluas 520 8189 CheckAmt 3,780.79 81,844.19 417.00 486.32 873.83 571.53 35.67 515.21 35.24 35.66 2,553.46 290.36 403.09 85.33 195.70 301.57 1,322.42 305.33 2,903.80 26.00 113.50 6,750.00 70.00 187.00 257.00 81.00 143.69 417.74 238.14 218.81 162.47 23.92 ;:::; Total for Check 00228704 1 ,204.77 CD 3 00228705 31-0ct-14 -----Grant, Dennis 30607100-05 Overpayment on account-refund 30607100-05 510 8120 188.79 ;t:00228706 @00010310 Hampton Inn & Suites-Poway 7/1/14-9/30/14 Reciprocal Easement Agreement-CAM Fees 720 0704 4120 100 1,555.00 ~ 00228707 @00005130 Hanson Aggregates Pacific Southwest, Inc 1506605 Dump Fees 211 0411 2905 300 500.00 00228708 @00003690 Hawthorne Power Systems PS000735663 Mowing Excavator filters 231 0412 4308 300 80.02 t\) Register of Demands Page 4 of 9 0 Warrants From 1012712014-1013112014 S, Check t\) UINumber Date Payee/Vendor Invoice Comment Fund Orgn Acct Prog 0 (1) (") (1) 3 C" (1) ~ t\) t\) 0 ..a. ~ ;- 3 ~ ..a. t\) 00228709 31-0ct-14 @00001603 HD Supply Waterworks C979180 Covers for Street Lighting 275 0470 4327 300 D071420 Cone Boxes w/ sewer lids 520 8189 Total for Check 00228709 00228710 31-0ct-14 @00001447 Heaviland Enterprises Inc 11231 LMD 83-1A: Landscape Maintenance 266 0426 4116 300 11231 LMD 83-1A: Landscape Maintenance 269 0425 4116 300 11231 LMD 83-1A: Landscape Maintenance 263 0421 4116 300 11231 LMD 83-1A: Landscape Maintenance 262 0427 4116 300 11231 LMD 83-1A: Landscape Maintenance 271 0429 4116 300 11231 LMD 83-1A: Landscape Maintenance 264 0422 4116 300 11231 LMD 83-1A: Landscape Maintenance 268 0428 4116 300 11231 LMD 83-1A: Landscape Maintenance 267 0424 4116 300 11231 LMD 83-1A: Landscape Maintenance 265 0423 4116 300 11232 Landscape Maintenance: PCPA 100 0204 4116 400 11232 Landscape Maintenance: PCPA 100 0206 4116 400 11232 Landscape Maintenance: PCPA 100 0504 4116 200 11232 Landscape Maintenance: PCPA 100 0418 4116 300 11232 Landscape Maintenance: PCPA 100 0501 4116 200 11233 Landscape Maintenance: Poway Road Median 100 0418 4116 300 Total for Check 00228710 00228711 31-0ct-14 @00001645 Home Depot Commercial Account 2212847 Teen Glow-in-the-Dark Dodgeball Supplies 100 0208 4760 400 2220060 Gym Cleaning Supplies 100 0201 4760 400 2220060 Gym Cleaning Supplies 100 0201 4720 400 3220321 Dock Supplies 100 0202 4 760 400 3220322 Dock Supplies 100 0202 4 760 400 4212658 Fire tower supplies 100 0501 4304 200 4220156 Fire tower supplies 100 0501 4304 200 4220307 Saw blades 100 0419 4516 300 5212817 Lithium battery 100 0419 4516 300 5224837 Fire tower supplies 100 0501 4304 200 6212809 Operating Supplies 100 0202 4760 400 6220289 Replacement lens 100 0419 4760 300 6224785 Fire tower supplies 100 0501 4304 200 9212793 PS-3: PVC adapter, brass connector/elbow 510 0402 4760 300 9212860 lumber for concrete forms 211 0411 4760 300 9220274 PVC supplies 211 0411 4760 300 9220278 Lake Poway park -tools 100 0418 4516 300 9220345 Water Dist: couplings; adapters; 3/8 gravel 510 0404 4760 300 Total for Check 00228711 CheckAmt 181.44 378.21 559.65 1,112.94 17,039.56 4,390.81 1,396.81 280.42 7,439.44 631.41 681.68 485.59 502.37 755.86 380.77 297.35 1,711.92 3,946.73 41,053.66 10.75 85.54 49.54 58.74 23.44 9.17 14.53 31.74 106.92 39.90 11.60 125.53 19.04 55.41 139.11 53.30 229.41 69.82 1 '133.49 N Register of Demands Page 5 of 9 ..a. Warrants From 10!2712014-10!3112014 0 Check -N a. Number Date PaJ:.ee!Vendor Invoice Comment Fund Orf!.n Acct Prof!. CheckAmt 00228712 31-0ct-14 @00003988 ICSC DUES 2014-DS Annual Membership -City Manager 100 0013 4924 100 100.00 DUES 2014-JV Annual Membership-Economic Dev. Manager 100 0014 4924 100 50.00 Total for Check 00228712 150.00 00228713 31-0ct-14 @00006476 Ingersoll-Rand Company 22817912 PS-3: compressor electronic drain valve 510 0402 4760 300 115.15 00228714 @00001328 Intermountain Radiator 22940 Unit #64: AIC compressor 611 0413 4312 300 923.69 00228715 @00010746 lntuBrite LLC 5638 Paramedic equipment 100 0503 4760 200 357.68 00228716 @00006821 Jenal Engineering Corp. 14-1990 Fuel Master Repairs 611 0413 4120 300 1,229.79 00228717 @00010467 Joints 100939 4" Clay Calder Couplings 520 8189 291.43 00228718 @00001306 JRC Printing LLC 33885 EMS forms 100 0503 4922 200 291.60 33894 Printing Program Flyers-Blue Sky 100 0207 4922 400 62.64 33896 Building Division Inspection Records 100 0303 4922 100 392.04 33904 Fire prevention forms 100 0502 4922 200 211.68 33905 Business Cards 100 0419 4710 300 34.56 33905 Business Cards 510 0410 4710 300 103.68 33910 Building Division Correction Notices 100 0303 4922 100 236.52 Total for Check 00228718 1,332.72 00228719 31-0ct-14 @00001317 Judicial Data Systems 4830 Parking activity for September 2014 100 0504 4919 200 100.00 00228720 @00010414 Kaiser Foundation Health Plan of the Mid-Atlantic Stat 201411-109379 Retired Medical Insurance Premium-November 100 8720C 847.00 00228721 @00006982 Lawson Products. Inc. 9302789648 striping paint -high solid 100 8189 66.36 00228722 @00001518 Liebert Cassidy Whitmore PUBLIC EMP RET Public Employee Retirement Training 100 0101 4908 100 55.00 00228723 @00001522 Lighthouse Incorporated. The 0085926 Shop stock 611 0413 4799 300 67.95 00228724 @00010440 Lowe's 975221 HPC Concrete 100 8189 463.05 977813 HPC Mortar, Quikcrete 100 8189 557.02 Total for Check 00228724 1,020.07 O 00228725 31-0ct-14 @00004808 Lynn Wolsey Designs PROGRESS-7/14 Poway Progress Layout-7/14 100 0205 4120 400 100.00 CD 00228726 @00004456 Maintex 361347 Janitorial supplies 100 0501 4720 200 498.39 n--------------~~--------~------------------------------------------------~~---------------------------------------------------- CD 00228727 @00005825 Neal Electric, Inc 61716 Replace (5) pedestals in various locations 269 0425 4120 300 979.43 3 C" CD .., ~N N 0 ..a. -11- ;:::;00228728 3 00228729 =It 00228730 ...a.00228731 N 31-0ct-14 @00006932 @00005537 @00004716 @00000775 61716 61743 61743A 61813 Nexgen 082566 Ninyo & Moore 182884 North County Rebuilders 85419 Office Depot Business Services Division 734340941-001 735406182-001 Replace (5) pedestals in various locations 275 0470 4120 300 979.43 Pool lights 3500A 1000P 4120 600 3,833.00 As Needed Electrical Maintenance and 100 0419 4120 300 194.67 Pomerado (Sagecrest) Reservoir electrical work 510 0402 4120 300 4,987.00 Total for Check 00228727 10,973.53 Air Deodorizer, Hospital Disinfectant 100 8189 400.19 Inspection & Materials Testing Services 211 0411 4320B 300 9,577.50 Unit #598: fuel solenoid 611 0413 4799 300 128.52 Supplies for JPIA training (to be reimbursed) 100 0400 4760 300 116.81 Wall calendar 100 0418 4710 300 21.88 N Register of Demands Page 6 of 9 N Warrants From 10127/2014-/0/31/20/4 0 Check ..... N UINumber Date PaJ:.ee!Vendor Invoice Comment Fund Orf!.n Acct Pro G. CheckAmt 00228731 31-0ct-14 @00000775 Office Depot Business Services Division 735718167-001 Office Supplies CSD Front Office 100 0200 4710 400 118.52 735718167-001 Office Supplies CSD Front Office 100 0201 4710 400 49.34 735718216-001 Office Supplies for CSD Front Office 100 0200 4710 400 140.39 736063822-001 Office supplies 100 0013 4710 100 76.69 73641 0419-001 Office Supplies 100 0103 4710 100 258.98 73641 0419-002 Office Supplies 100 0107 4710 100 5.83 73641 0608-001 Office Supplies 100 0107 4710 100 9.67 737 467758-001 Offices Supplies -2nd Floor 100 0300 4710 100 67.19 Total for Check 00228731 865.30 00228732 31-0ct-14 @00002457 OneSource Distributors S4492311.001 WTP: Candela 939-Gem bulbs 510 0402 4760 300 17.49 00228733 @00005664 Paley, Blythe 7617.200-01.14 Instructor Payment Fall 2014 100 0208 4118 400 696.00 00228734 @00002099 Parkhouse Tire Inc 3010194498 Tires: #90, 23, 63, 723 & stock 611 0413 4799 300 1,545.87 00228735 @00002103 Parkway Business Centre 410-110CU 11/14 410-110-CU Assessment Fees 11/14 510 0410 5730 300 1,115.00 410-110CU 11/14 410-110-CU Assessment Fees 11/14 100 0418 5730 300 725.00 Total for Check 00228735 1,840.00 00228736 31-0ct-14 -----PK Smart Center, Inc. STI11-001 release of remaining deposit 763 0399 5980 900 1,701.00 00228737 @00002552 Postmaster 63298 Standard permit 1942 100 0013 3320 100 3,152.34 00228738 @00000173 Poway Center for the Performing Arts Foundation 10222014 Foundation ticket sales transfer-PCPA 100 8641 5,797.00 00228739 @00002712 Poway Irrigation Landscape Supply A-81789 Irrigation supplies 100 0418 4770 300 63.82 A-81868 OPP: irrigaiton supplies 100 0418 4770 300 50.78 Total for Check 00228739 114.60 00228740 31-0ct-14 @00002742 Poway Valley Senior Citizens Corporation 612 Reimburse phone/cable 10/15/14-11/14/14 100 0106 2200 100 77.93 612 Reimburse phone/cable 10/15/14-11/14/14 100 0106 3310 100 250.00 Total for Check 00228740 327.93 ~00228741 31-0ct-14 @00005510 Progressive Technology Security Systems Inc 33602 Multipurpose room door 100 0106 4308 100 210.00 0 33603 City Hall: 2 power supplies 100 0106 4308 100 1 '137.24 CD 3 Total for Check 00228741 1,347.24 C" ~ 00228742 31-0ct-14 @00010911 R & B Pinto Properties LLC LKCONCOCT151914 Weekly Concession Payment (Oct. 15-19,2014 100 8647 2,550.97 _N00228743 @00011141 Rain Thanks & Greywater 175 Water Harvesting Workshops 1167A 1000P 4120 600 1,450.00 N00228744 @00006244 Rancho Bernardo Printing, Inc 41449 Water Drought Brochures 1167A 1000P 4922 600 345.60 ...do.00228745 @00002163 Rayne Water Conditioning 830310/23-11/19 Pool Water Conditioning (11/23-11/19/14) 100 0203 4120 400 138.60 00228746 @00002867 ROO Equipment Company Inc P23657 Unit #770: Towing 611 0413 4312 300 250.00 ;'00228747 @00002202 Regional Training Center 12273 Effective Time Management Training 100 0101 4908 100 137.00 3 00228748 12264 Excel2010 Introduction Training 100 0101 4908 100 548.00 :ft 00228749 @00002239 Rex Trophies 100814 Deputy and FF of the Year Plaques for 2014 100 0501 4904 200 172.00 ...do,,-----------------=~----------------------------------------------------------~~--------------~---------------------------------------------- ~00228750 -----Rodriguez, Francisco 2008918.001 Deposit Refund Permit#13760 100 0208 7471 400 300.00 00228751 @00002982 S K S Petroleum Distributors Inc CL64687 Fuel thru 10/15/14-All Fire Dept. 611 0413 3120 300 702.71 N Register of Demands Page 7 of 9 W Warrants From 1012712014-1013112014 !a. Check N U1Number Date Payee/Vendor Invoice Comment Fund Orgn Acct Prog c (I) (") (I) 3 C" (I) ~ N N 0 ..I. ~ ;- 3 =It ..I. N 00228752 31-0ct-14 @00006542 Salgado, Ruben 00228753 @00002290 San Diego County Water Authority 00228754 31-0ct-14 @00002318 San Diego Gas & Electric 00228755 31-0ct-14 @00002312 San Diego Gas & Electric/Sundry RS REIMB 10-14 Reimburse for purchase of uniform supplies 100 0914-11 SEPT 2014: Water deliveries and charges 510 0914-11 SEPT 2014: Water deliveries and charges 510 0914-11 SEPT 2014: Water deliveries and charges 510 487450894 10/14 13100 Poway Rd 9/15/14-10/14/14 100 512606474321014 Acct: 5126 064 743 2 (9/11-10/10/14) 264 5997168701.1014 14114 Midland Rd. Gas & Electric-OPP 100 701957299091014 Acct: 7019 572 990 9 (9/10-10/9/14) 267 71205215710/14 13221 Midland Rd A 9/15/14-10/14/14 100 824 759976 10/14 13306 1/2 Midland 9/15/14-10/14/14 100 838007961 10/14 141551/2 Pomerado 9/15/14-10/14/14 100 899222240 10/14 14038 Midland 915/14-10/14/14 100 932249213211014 Acct: 9322 492 132 1 (9/11-10/10/14) 269 932622414911014 Acct: 9326 224 149 1 (9/11-10/10/14) 275 049201334010/14 Utilities and Ops Ctr power: 9/11-10/10/14 520 049201334010/14 Utilities and Ops Ctr power: 9/11-10/10/14 520 049201334010/14 Utilities and Ops Ctr power: 9/11-10/10/14 510 049201334010/14 Utilities and Ops Ctr power: 9/11-10/10/14 510 049201334010/14 Utilities and Ops Ctr power: 9/11-10/10/14 510 049201334010/14 Utilities and Ops Ctr power: 9/11-10/10/14 520 049201334010/14 Utilities and Ops Ctr power: 9/11-10/10/14 520 049201334010/14 Utilities and Ops Ctr power: 9/11-10/10/14 510 049201334010/14 Utilities and Ops Ctr power: 9/11-10/10/14 520 049444400391014 Acct: 0494 444 003 9 275 049444400391014 Acct: 0494 444 003 9 265 049444400391014 Acct: 0494 444 003 9 100 049444400391014 Acct: 0494 444 003 9 275 049444400391014 Acct: 0494 444 003 9 263 049444400391014 Acct: 0494 444 003 9 271 049444400391014 Acct: 0494 444 003 9 268 049444400391014 Acct: 0494 444 003 9 266 049444400391014 Acct: 0494 444 003 9 267 049444400391014 Acct: 0494 444 003 9 264 049444400391014 Acct: 0494 444 003 9 269 522431678210/14 Monthly Gas-Pool-9/14 100 683160456-1 0/14 Comm Park Electric ( 13098 Bowron Rd) Oct 20 1 00 0501 4928 200 0402 2710A 300 0402 27108 300 0402 271 oc 300 Total for Check 00228753 0418 2110 300 0422 2110 300 0205 2110 400 0424 2110 300 0418 2110 300 0418 2110 300 0418 2110 300 0418 2110 300 0425 2110 300 0470 2120 300 Total for Check 00228754 0403 2140M 300 0403 21408 300 0402 2110 300 0410 2110 300 0406 2140S 300 0403 2140U 300 0403 21400 300 0402 2140 300 0403 2140H 300 0470 2120 300 0423 2110 300 0418 2110 300 0470 2130 300 0421 2110 300 0429 2110 300 0428 2110 300 0426 2110 300 0424 2110 300 0422 2110 300 0425 2110 300 0203 2110 400 0208 2110 400 CheckAmt 387.96 921,222.00 122,074.50 307,563.42 1,350,859.92 7.00 8.58 331.02 8.58 44.00 41.62 8.85 95.77 8.85 59.00 613.27 477.69 2,264.94 1,878.90 2,080.42 2,477.79 105.29 1,200.70 67,727.95 115.87 1,026.96 17.55 7.11 358.22 48.73 8.64 17.02 16.23 25.66 33.24 269.65 1,413.14 8,481.31 1\) Register of Demands Page 8 of 9 ol:lo Warrants From /0/27/2014-10/31/2014 0 Check .... 1\) u.Number Date PaJ:.ee!Vendor Invoice Comment Fund Orf!.n Acct Prof!. CheckAmt Total for Check 00228755 90,053.01 00228756 31-0ct-14 @00005393 SCS Engineers 0241724 Environmental Services for Twin Peaks clean-u 5989H 5000P 1799 600 968.63 00228757 @00006465 So Cal Signs, Inc. 3519 Two new employee nameplates 100 0306 4710 100 40.00 00228758 @00010060 SoCo Group Inc. 0095571-IN Unleaded & Diesel del. 10/22/14 611 0413 3120 300 8,565.96 00228759 @00000464 Sonsray Machinery P01184-01 Keys-Units #748, 503 & 523 611 0413 4799 300 73.25 P01284-01 Unit #748: Resistor, blower, harness 611 0413 4799 300 526.07 Total for Check 00228759 599.32 00228760 31-0ct-14 @00003021 Sound Image 0508545-A Labor/Service for Speaker Removal/lnstaii-PCP 100 0204 4308 400 768.75 00228761 @00007183 South Coast Emergency Vehicle Service 473293 Unit #922: Ball Valve 611 0413 4799 300 49.83 473422 Unit #922: Bezel 611 0413 4799 300 63.26 Total for Check 00228761 113.09 00228762 31-0ct-14 @00007160 Specialty Electric Supply Co. 7148-526048 City Hall: lamps 100 0419 4760 300 105.90 7148-526058 Time switch 100 0419 4760 300 66.05 7148-526113 32 Watt bulbs 100 0419 4760 300 254.02 7148-526139 lights & combo kit 100 0419 4760 300 112.89 Total for Check 00228762 538.86 00228763 31-0ct-14 @00005200 SQS Video Communications 20141115 FY15 Telecasting City Council Regular Meeting 100 0106 4120 100 400.00 00228764 @00003143 Superior Ready Mix 665228 Pomerado & Casa Avenida 211 0411 4324 300 534.17 00228765 @00002305 Target Specialty Products 1705417 2nd Qtr -Annual Training Updates 100 0418 4120 300 500.00 00228766 @00002780 Thomson Reuters -West 830528846 CA Code V74-74B (3 Bks.) 100 0012 4924 100 152.31 00228767 @00002556 Tifco Industries 70993957 Fleet: stock-hardware, ind grease 611 0413 4760 300 460.46 00228768 @00010706 Toshiba Business Solutions 11351207 Copiers 9/25/14-10/24/14 100 0106 4308 100 1,427.48 00228769 @00010371 U.S. Bank Corporate Payment System 19140674 10/14 K O'Reilly Stmt of Acct: 9/22/14 CNG purchase 611 0413 3120 300 28.09 00228770 @00002473 Uniforms Plus 36914 Senior Park Ranger Uniform 100 0205 4928 400 92.93 ;'oo228771 @00006522 United Site Services 114-2385211 Portable services for Open House 100 0502 4904 200 566.03 (') 114-2385297 Portable services for Fire Training Tower 100 0501 4908 200 139.05 CD 3 Total for Check 00228771 705.08 C" ~ 00228772 31-0ct-14 @00010115 UT Community Press 99333 Legal14-110 211 0411 4932 300 210.80 1\) 99334 Legal14-111 211 0411 4932 300 210.80 1\) Total for Check 00228772 421.60 0 ... ol:looo228773 31-0ct-14 @00003270 Verizon Wireless 9733339691 Cell phones for Safety Services 100 0502 3311 200 59.89 -9733339691 Cell phones for Safety Services 100 0500 3311 200 -0.06 CD 3 9733339691 Cell phones for Safety Services 100 0504 3311 200 0.57 :f:l:: 9733339691 Cell phones for Safety Services 100 0503 2200 200 304.08 ... 9733339691 Cell phones for Safety Services 100 0502 2200 200 38.01 N 9733339691 Cell phones for Safety Services 100 0501 3311 200 83.46 N Register of Demands Page 9 of 9 Ul Warrants From 1012712014-1013112014 S. Check N U'INumber Date Payee/Vendor Invoice Comment Fund Orgn Acct Prog 00228773 31-0ct-14 @00003270 Verizon Wireless 9733339691 Cell phones for Safety Services 100 0500 3311 200 00228774 31-0ct-14 @00003270 Verizon Wireless 00228775 @00002663 Village Lock and Key 00228776 @00002664 Village Nurseries 00228777 @00004427 Vining Wholesale Lighting Supply 00228778 @00002730 Waxie 00228779 31-0ct-14 @00005639 West Coast Arborists, Inc. 00228780 @00002794 Western Mower and Engine 00228781 31-0ct-14 @00003967 White Nelson Diehl Evans LLP 00228782 @0001 0896 WiMacTel Inc. 00903219 29-0ct-14 @00007257 CaiPERS 00903220 30-0ct-14 @00003518 Union Bank-San Diego 00903221 31-0ct-14 @00006266 Manufacturers & Traders Trust Co. Bank 00903222 00903223 00903224 C 00903225 @00003081 State Board of Equalization CD n CD 3 C" 9733339691 Cell phones for Safety Services 100 0500 2200 200 9733339691 Cell phones for Safety Services 100 9733678690 Ranger Cell Phone-10/14 100 8138 Meter Readers: duplicate keys; accessories 510 31808272 Memorial Tree 100 57361 Special Theatre Lighting-PCPA 100 74898754 Lk Poway Rec Ctr -Sanitation Supplies 100 74898755 Lk Poway Rec Ctr -Sanitation supplies 100 99755 Parks: Tree Trimming/Removal/Replacement 100 10116 Oil & Saw blades 231 9980 SE418: air filter, pump, muffler cover 611 9982 SE418: Hourmeter Main!. 611 2014GOVTXMANUA 2014 Government Tax Manual 100 000729832 City Pay Phones-Oct-Dec 2014 100 102914 PE#21 PERS EFT Debit for PE#21 100 PPE 10/26/14 457 PE 10/26/14 401A PE10/26/14 ROTH PE10/26/14 RHS PE 10/26/14 100565475-0914 100565475-0914 Transfer Net Payroll PPE 10/26/14 100 ICMA 457 deferred comp deductions PPE 10/2 100 401 a cmployee/er deductions for PPE 10/26/14 100 ROTH IRA-emolovee contributions for PPE 10/100 Retirement Health Savings Plan (Safety) PE10/ 100 Sales Tax 3rd Qtr Jui-Sep 2014 100 Sales Tax 3rd Qtr Jui-Sep 2014 100 0504 2200 200 Total for Check 00228773 0202 3311 400 0401 4760 300 0418 4770 300 0204 4760 400 0419 4720 300 0419 4720 300 Total for Check 00228778 0418 4120 300 0412 4760 300 0413 4799 300 0413 4799 300 Total for Check 00228780 0103 4924 100 0106 3310 100 8722 -- 8003U -- 8617 -- 8618 8627 8717 8644 0103 5720 100 Total for Check 00903225 ~ Director of Administrative Services Approved ~"" ~l!i N Register Total N Date 0 ~ .a::o. ;:::; CD 3 :tt ~ N CheckAmt -99.06 38.01 38.03 661.05 31.03 31.55 59.40 64.80 850.92 373.64 1,224.56 10,951.70 52.76 23.20 37.26 113.22 195.00 354.00 149,502.36 452,153.27 27,287.28 10,401.77 315.00 1,662.86 1,468.08 -0.08 1,468.00 2,574,887.18 DATE: City of Poway COUNCIL AGENDA REPORT December 2, 2014 APPROVED D APPROVED AS AMENDED 0 (SEE MINUTES) DENIED D REMOVED D CONnNUED ________ __ Resolution No. TO: FROM: Honorable Mayor and Members of the City Council Daniel Singer, City Manager tf"I}J INITIATED BY: Sheila Cobian, City Clerk(;£_,; 858-668-4535 scobian@poway.org SUBJECT: Approval of Minutes Summary: · The Minutes of the October 21, 2014, Special and Regular Meetings of the Poway City Council are attached for approval. '. ·. The Poway City Council sits as the Poway Planning Commission, the Poway Housing Authority, the Public Financing Authority, and the Successor Agency to the Poway Redevelopment Agency. Recommended Action: It is recommended that the City Council approve the Minutes of the October 21, 2014, Special and Regular Meetings of the Poway City Council as submitted. Fiscal Impact: None. Environmental Review: Environmental review is not required according to CEQA guidelines. :, Public Notification: None. Attachment: A. October 21, 2014 City Council Special Meeting Minutes B. October 21, 2014 City Council Regular Meeting Minutes 1 of 11 December 2, 2014 Item# 1.3 NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL SPECIAL MEETING MINUTES October 21, 2014 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City Council/Poway Housing Authority/Planning Commission/Public Financing Authority and Successor Agency to the Poway Red'evel'onnJeJ CALL TO ORDER Mayor Higginson called the Special Meeting to ROLLCALL Cunningham, Vaus, STAFF MEMBERS PRESENT City Manager Daniel Singer; Foley; Attorney Steven Boehmer; rney Morgan No. 2 in Closed Session IFHE~re~;I, Councilmember Vaus 2. Councilmember Vaus joi 6:14p.m. Poway, etc. v. City of GAL UNSEL-EXISTING LITIGATION ion (d) of Section 54956.9) y, etc. v. City of Poway, etc., eta/. Court Case Number 37-2013-00067667-CU-TT-CTL the Closed Session for discussion of the following item at 1. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of Case: City of Poway v. Suretec Insurance Company San Diego County Superior Court Case Number 37-2014-00006186-CU-BC-CTL City Council came out of Closed Session at 6:26p.m. 9980 2 of 11 Attachment A December 2, 2014 Item# 1.3 City of Poway-Minutes-October 21, 2014 City Attorney Foley announced that Council took the following actions: 2. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of Case: Preserve Poway, etc. v. City of Poway, etc., eta/. San Diego County Superior Court Case Number 37-2013-00067667-CU-TT-CTL Upon motion of Councilmember Cunningham, seconded by Mayor Higginson, the Poway City Council approved an appeal from the judgment the case. Approved 4/0/1 (Councilmember Vaus disqualified from participation d ntial conflict of interest.) 1. CONFERENCE WITH LEGAL COUNSE (Paragraph (1) of subdivision (d) of Sect Name of Case: City of Poway v. S San Diego County Superior Court Upon motion by Councilmember Cunning Poway City Council gave direction to the C the dispute; the final terms and ns will approved the final document. ADJOURNMENT ber Mullin, the a resolution of parties have Sh . Cobian, CMC 3 of 11 City Clerk ity of Poway, California 9981 December 2, 2014 Item# 1.3 NOTE: These draft meeting minutes are not official until approved by the City Council at the next scheduled meeting. CITY OF POWAY CITY COUNCIL REGULAR MEETING MINUTES October 21, 2014 City Council Chambers 13325 Civic Center Drive, Poway, California (Per Government Code 54953) (Meeting Called to Order as City Council/City of Poway Planning Commission/Poway Housing Authority/Public Financing Authority and Successor Agency to the Poway Redevelopment Agency) CALL TO ORDER Mayor Higginson called the Regular Meeting to order at 7:00p.m. ROLL CALL Cunningham, Vaus, Mullin, Grosch, Higginson STAFF MEMBERS PRESENT Daniel Singer, City Manager; Tina White, Assistant City Manager; Morgan L. Foley, City Attorney; Sheila R. Cobian, City Clerk; Robin Bettin, Director of Community Services; Bob Manis, Director of Development Services; Leah Browder, Director of Public Works; Scott Edwards, Director of Administrative Services; Lieutenant J.T. Faulkner, Sheriff's Department. (Note: Hereinafter the titles Mayor, Deputy Mayor, Council member, City Manager, .Assistant City Manager, City Attorney, City Clerk and Director of Administrative Services shall be used to indicate Mayor/Chair, Deputy MayorNice Chair, Councilmember/Director, City Manager/Executive Director, Assistant City Manager/Assistant Executive Director, City Attorney/Counsel, City Clerk/Secretary and Director of Administrative Services/Finance Officer.) PLEDGE OF ALLEGIANCE Deputy Mayor Grosch introduced Candy Young, President of the Soroptomist International of Poway, to lead the Pledge of Allegiance. PRESENTATIONS In recognition of Red Ribbon and Character Counts! Week, Mayor Higginson presented Proclamations to linda Ellett, Poway Unified School District Student Support; Kimberly Beatty, School Board Member; and, Cindy Hicks, Prevention Specialist. 4 of 11 Attachment B 9982 December 2, 2014 Item# 1.3 City of Poway-Minutes-October 21, 2014 PUBLIC ORAL COMMUNICATIONS Tony Rubino provided an update on the Jack-0-Smash event scheduled for Sunday, November 2, 2014. He also handed out umpire rule books to the City Manager and Councilmembers for their use when serving as volunteer umpires during the Celebrity Softball Game. Bill Lennon requested assistance with navigating the City's planning and zoning regulations. 1. CONSENT CALENDAR (Approved by Roll-Cal/ Vote) Motion by Mayor Higginson, seconded by Deputy Mayor Grosch to approve Consent Calendar Items 1.1 through Item 1.10. Motion carried by the following roll-call vote: Ayes: Noes: Absent: Cunningham, Vaus, Mullin, Grosch, Higginson None None 1.1 Approval of Reading by Title only and Waiver of Reading in full of Ordinances on Agenda. 1.2 Ratification/Approval of Warrant Registers for the periods of September 8 through September 12, 2014 and September 15 through September 19, 2014. 1.3 Approval of the September 9, 2014, Special City Council Meeting Minutes and the September 16, 2014, Regular City Council Meeting Minutes. 1.4 Approval of the Amendment and Biennial Review of the City's Conflict of Interest Code. 1.5 Award of Bid to TA Jones Concrete Construction in the amount of $16,780.50 for Repair of Two Midland Road Bus Shelters; RFB No. 15-004. 1.6 Acceptance of the FY 12/13 Reline/Replace Sewer Pipelines Project from Southwest Pipeline & Trenchless Corp., as complete; Authorize the City Clerk to file and record the Notice of Completion; Authorize the release of the retention in the amount of $11,744.80, if unencumbered, 45 days after City Council acceptance; Release the Bond for Material and Labor in the amount of $204,881.00 and retain the Bond for Faithful Performance for a period of one year, Bid No. 14-010. 1. 7 Approval of Agreement with RBF Consulting for Engineering Services for the Espola Road Safety Improvements Project. 5 of 11 9983 December 2, 2014 Item# 1.3 City of Poway-Minutes-October 21, 2014 1.8 Award of Contract to Chaulk Mound Trout Farms, Inc., in the amount of $78,000 for Lake Poway Trout Stocking. 1.9 Outlook Trail to Blue Sky Ecological Reserve. 1.10 Approval of City Hall Holiday Closure Dates. 2. ORDINANCE (Ordinance(s) that do not require a Public Hearing) 2.1 None. 3. PUBLIC HEARING 3.1 Approval of Environmental Assessment and Minor Conditional Use Permit (MCUP) 14-001/Development Review (DR) 14-001; A request to construct a 223-space automobile inventory storage lot on a two-parcel 1.17-acre vacant site located at 13946 Poway Road and 13917 Courier Way within the Automotive/General Commercial (A/GC) Zone; Mark Abelkop/MLGP&L, LLC, Applicant. City Planner Rich Whipple presented the report and reviewed a PowerPoint presentation. Speakers in Opposition: Eamon Kavanagh and Ron Selensky. Councilmember Cunningham expressed concerns relating to the impacts of the proposed lighting on adjacent homeowners. He suggested that alternative security measures be considered to mitigate the lighting impacts. In response to an inquiry from Councilmember Cunningham, Planner Whipple explained that the proposed lighting features are intended to assist customers with viewing cars until the close of business each night. Councilmember Cunningham stated that the intent of the proposed project was presented as a storage lot with minimum impacts rather than an active sales lot. Councilmember Cunningham asked if the adjacent property owners would be permitted to paint the side of the retaining wall facing their property once constructed by the applicant. Director of Development Services Bob Manis explained that the existing walls and fences are on the homeowners' properties. He further explained that the wall being built by the dealership would be on the applicant's property. Councilmember Vaus asked if it is necessary to have 18 feet high lighting standards. 6 of 11 9984 December 2, 2014 Item# 1.3 City of Poway-Minutes-October 21, 2014 Director Manis stated that typically automobile dealerships have lighting standards 15-18 feet high. Councilmember Vaus spoke in favor of staff presenting additional lighting options for consideration such as mounting the lighting on the surrounding walls. This would allow the lighting to shine directly in the lot. In response to Councilmember Mullin, City Planner Whipple explained that the applicant's lighting study, based on the proposed project, indicated there would be no lighting spillover into the neighboring homeowners' yards. Councilmember Mullin commented that although he has some concerns about lighting, the analysis performed as part of the application adequately addressed potential lighting impacts through placement of the proposed lights and shielding mechanisms. Deputy Mayor Grosch expressed concerns relating to the impacts of the lot lighting on adjacent homeowners. In response to Deputy Mayor Grosch, City Planner Whipple explained that the existing fire lane will be adjusted to accommodate the parking proposed as part of the project. Mayor Higginson stated that he would be in favor of approving the project with exception of the proposed lighting. He suggested that the applicant continue to work with staff to address the lighting concerns. Councilmember Cunningham suggested that the item be continued to allow additional time to address the adjacent homeowners' concerns relating to the lighting impacts and construction of the retaining wall. Councilmember Mullin commented that the applicant has already provided a study indicating that there would be zero lighting spillover into adjacent homeowners' properties. Mike Stevens, Director of Sales for Poway Hyundai, came forward to address Council on behalf of the Applicant Mark Abelkop. Mr. Stevens stated that the intent of the project is for a storage lot; however, there may be occasions where it will be necessary to show a customer a vehicle while it is parked in that lot. Motion by Councilmember Cunningham, seconded by Mayor Higginson to reopen the public hearing and continue the item to December 16, 2014. Motion carried by a 4/1 Vote (Mullin-No). 7 of 11 9985 December 2, 2014 Item# 1.3 City of Poway-Minutes-October 21, 2014 3.2 Approval of Fiscal Year 2015-16 Community Development Block Grant Program. Director of Development Services Bob Manis gave a brief overview of the agenda report. No speakers. Motion by Mayor Higginson, seconded by Councilmember Cunningham to close the Public Hearing; authorize staff to apply for FY 15-16 CDBG funding through the County; authorize the reallocation of $20,752 in CDBG funds from previous grant years to fund the proposed FY 15-16 CDBG progra~ upon approval by the County; and authorize the City Manager to execute contracts with the County of San Diego. Motion carried unanimously. 4. STAFF REPORTS 4.1 First Quarter Budget Update for Fiscal Year 2014-15. Director of Administrative Services Scott Edwards presented the Report. No speakers. Motion by Councilmember Cunningham, seconded by Councilmember Mullin to receive the report and adopt Resolution No. 14-060 entitled "A Resolution of the City Council, Housing Authority, and Successor Agency to the Poway Redevelopment Agency of the City of Poway, California approving amendments to the City's Financial Program for the first quarter Fiscal Year 2014-2015;" and, Resolution No. 14-061 entitled "A Resolution of the Housing Authority of the City of Poway, California approving amendments to the City's Financial Program for the first quarter Fiscal Year 2014-2015." Motion carried unanimously. 5. WORKSHOP 5.1 Off-Leash Dog Access in Silverset Neighborhood Park. Director of Community Services Robin Bettin gave an overview of the report and provided a PowerPoint presentation. Director Bettin explained that staff identified two options that would allow off-leash dogs at Silverset Park on a trial basis. The options as presented were: 8 of 11 1. Offer designated off-leash dog access hours in all areas of Silverset Park except the playground, basketball court and ball field. 2. No longer schedule the ball field for softball practice or other athletic use, and designate it as an enclosed dog pen during all open-park hours. 9986 December 2, 2014 Item# 1.3 City of Poway-Minutes -October 21, 2014 Speakers in Opposition: Emma Hughes, Bart Castellitto, Carol Detamore, Eric Davis, Doug Vick, David Narevsky, Joseph Calabrese, Vicki Gordon, Gail Narevsky, Katie Detamore, Becca Berquist, David Kinman, Andre Garcia, Diane Christian and Assi Friedman. Submitted a Speaker Slip in Opposition but Did Not Speak: Kevin Gregg and Abbey Skale. Speakers in Support: Joan Schaefer, Stacey Forsey, Rich Forsey, Kim Conant, Linda Nelson, Mark Claussen, Susan Busch, Joe Nalven, Margaret Briggerman, Jim McKechnie. Submitted a Speaker Slip in Support but Did Not Speak: Kim Wasung, Karen Wasung, Janet DiPrinzio, Edward Oliva, Tania Lynch, Karen Hughson, Susan Reeg, Joan Berger, Cheri Schenck, J. Brewster Schenck, Spicer Conant, Judy Shriver, Richard Shriver, Richard Robbins, Carol Robbins, Tony Nay, Diane Nagle, Shirley Schulz, Joanna Waits, Mari Hedtke, Jim Schindler, Scarlett Guice, Frank Kenny, Debbie Sidley and Hannah Finley. Deputy Mayor Grosch spoke in favor of allowing dogs off-leash in Silverset Park between the hours of 6:00a.m. and 9:00a.m. for a 6-month trial period. Councilmember Mullin spoke in favor of establishing a dedicated fenced-in area for dogs to be off-leash in Silverset Park during designated hours. In response to an inquiry from Councilmember Vaus, Director Bettin explained that the City of San Carlos uses a shared use system that allows off-leash dogs on ball fields during limited hours. She further explained that the Director of Community Services in San Carlos is attempting to stop the shared use due to the impacts on the availability of the limited number of ball fields. Conversely, the City of San Mateo also has a shared use system that works well. However, San Mateo has more ball fields and the shared use is spread across four fields. Councilmember Vaus stated that he could support a trial period of allowing dogs off-leash on the softball field in Silverset Park during limited hours. Councilmember Cunningham asked if any discussions have taken place with the proponents of allowing dogs off-leash in the park for funding any necessary repairs to the ball field caused by the dogs. Director Bettin responded that the group has offered to coordinate fundraising and assistance for minor repairs and upkeep of the field. Councilmember Cunningham stated that he would like additional environmental and cost information relating to designating a fenced area for off-leash dog use in Silverset Park. Mayor Higginson spoke in support of evaluating the feasibility of constructing a fenced area in the outer area of the softball field for off-leash dog use. 9 of 11 9987 December 2, 2014 Item# 1.3 City of Poway-Minutes-October 21, 2014 City Manager Singer summarized the direction provided by Council as follows: • Staff to evaluate the environmental impacts of allowing dogs off-leash during limited hours on the softball field. • Staff to evaluate the costs and environmental impacts of constructing a fenced area for off-leash dog use. 6. CITY MANAGER ITEMS City Manager Singer announced that the November 4, 2014 Council Meeting had been cancelled due to the General Election. He also announced that City offices would be closed on Tuesday, November 11th in observation of Veterans Day. 7. CITY ATTORNEY ITEMS City Attorney Foley announced that Council took the following actions during the Closed Session meeting at 6:00p.m.: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of Case: City of Poway v. Suretec Insurance Company San Diego County Superior Court Case Number 37-2014-00006186-CU-BC-CTL Upon motion by Councilmember Cunningham, seconded by Councilmember Mullin, the Poway City Council gave direction to the City's legal counsel in negotiating a resolution of the dispute; the final terms and conditions will be released once the other parties have approved the final document. Approved 5/0. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of Case: Preserve Poway, etc. v. City of Poway, etc., eta/. San Diego County Superior Court Case Number 37-2013-00067667-CU-TT-CTL Upon motion of Councilmember Cunningham, seconded by Mayor Higginson, ·the Poway City Council approved an appeal from the judgment of the case. Approved 4/0/1 (Councilmember Vaus disqualified from participation due to potential conflict of interest) 8. MAYOR AND CITY COUNCIL-INITIATED ITEMS Councilmember Cunningham invited members of the community to attend the Special Olympics Host City kick-off event on Wednesday, October 22, 2014 at Old Poway Park. Councilmember Cunningham also announced that he would be requesting a change to the City's Sign Ordinance in the near future. 8.1 Metropolitan Transit Systems (MTS) Board Update-No Report. 10 of 11 9988 December 2, 2014 Item# 1.3 City of Poway-Minutes-October 21, 2014 8.2 "Hike, Bike and Ride across Poway" -(verbal report). Councilmember Cunningham played a promotional video spotlighting the San Dieguito Riverpark. Councilmember Vaus 8.3 Water Saving Tips. Councilmember Vaus encouraged residents to limit shower time to five minutes. Councilmember Mullin 8.4 Metered Water Outlet Proposal Councilmember Mullin requested Council concurrence for staff to evaluate the feasibility of providing potable water to residents via a local, metered water source. He explained that the current drought conditions have resulted in low ground water levels for residents who rely on wells. Councilmember Cunningham suggested that Councilmember Mullin meet with staff to start a conversation regarding the feasibility of such a proposal. Council concurred with Councilmember Cunningham's suggestion. Deputy Mayor Grosch Deputy Mayor Grosch thanked retiring Director of Public Works Leah Browder for her years of service to the City of Poway. Mayor Higginson 8.5 Consideration of Establishing City of Poway Hall of Fame. Mayor Higginson suggested and Council concurred to direct staff to explore the concept of establishing a "City of Poway Hall of Fame." ADJOURNMENT The meeting was adjourned at 11 :00 p.m. 11 of 11 Sheila R. Cobian, CMC City Clerk City of Poway, California 9989 December 2, 2014 Item# 1.3 City of Poway COUNCIL AGENDA REPORT APPROVED D APPROVED AS AMENDED D (SEE MINUTES) DENIED D REMOVED D DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: CONTINUED----- RESOLUTION NO. ___ _ December 2, 2014 Honorable Mayor and Members of the City Council Tina M. White, Assistant City Manager !>'f'l'-~ Sheila Cobian, City Clerk~ 858-668-4535 or scobian@poway.org Approval of Local Appointments List for 2015 The City Clerk has prepared the annual Local Appointments List required by Government Code §54972 of all appointive terms that will expire during the next calendar year. Recommended Action: It is recommended that the City Council approve the Local Appointments List for 2015 and authorize the City Clerk to post the list at City Hall and the Poway Library, in compliance with Government Code §54972. Discussion: The Government Code requires that the City Council prepare and post a Local Appointments List before December 31 51 of each year. The list includes all Board and Committee terms scheduled to expire during the next calendar year. This information allows any resident the opportunity to apply to serve on a Board or Committee. The City of Poway has two Committees that fall under the provisions of this section. They are the Budget Review Committee and Parks and Recreation Advisory Committee. In 2015, there will be three vacancies on the Parks and Recreation Committee and five vacancies on the Budget Review Committee. Any other vacanci~s that occur during 2015 would be unscheduled and a notice would be posted. The City Clerk will accept applications (available on the City's website and in the City Clerk's office) from December 3, 2014 through January 5, 2015 from Poway residents wishing to serve on the Budget Review Committee or the Parks and Recreation Advisory Committee. The Poway City Council will review the applications and make appointments to the Committees once the vacancy on the City Council has been filled. Staff anticipates Committee appointments will take place in February, 2015. Public Notification: Once approved, the City Clerk will post the Local Appointments List at City Hall, the Poway Library, and on the City's website. In addition, a Notice inviting Poway residents to apply to serve on the Committees will be published in the Poway News Chieftain, posted at City Hall, at the Poway Library and on the City's website. Attachment: A. Local Appointments List 1 of 2 December 2, 2014 Item# 1.4 CITY OF POWAY LOCAL APPOINTMENTS LIST In compliance with the requirements of the Maddy Act, Government Code 54972, the following appointment list is posted on an annual basis by December 31 51 . The basic requirements in most cases are that applicants be a resident of the City of Poway and a registered voter. A Committee/Commission member's term coincides with the Councilmember who appointed them. Therefore, the City Clerk's Office submits the following: BUDGET ADVISORY COMMITTEE Qualifications: Purpose: Expiring terms: The committee consists of five (5) members who must be Poway residents. The purpose of the Budget Review committee shall be to review the annual Operating and Capital Improvement Budget as proposed by the City Manager, and report its findings to the City Council. Brett Ames Mary Cross Barry Leonard Steven Stone Peter Murray Appointed By John Mullin Dave Grosch Steve Vaus Don Higginson Jim Cunningham Appointed 01/15/2013 01/15/2013 01/15/2013 03/18/2014 01/15/2013 Term Expires 01/2015 01/2015 01/2015 01/2015 01/2015 PARKS AND RECREATION COMMITTEE Qualifications: Purpose: Expiring terms: 2 of2 The committee consists of five (5) members who must be Poway residents. To advise the City Council on the parks and recreational needs of the City of Poway, and to provide a means of encouraging community involvement as it pertains to park development and recreational programming. Appointed By Appointed Term Expires Ginger Couvrette Jim Cunningham 01/20/2009 12/2012 Jim Cunningham 01/15/2013 01/2017 Sam Butler Dave Grosch 01/18/2011 12/2014 Susan Mallett Betty Rexford 06/16/2009 11/2010 John Mullin 01/18/2011 12/2014 Lori Simon Mickey Cafagna 01/05/1993 06/2009 Don Higginson 06/16/2009 11/2010 Don Higginson 01/18/2011 12/2014 Phil Spear Steve Vaus 01/15/2013 01/2017 Attachment A December 2, 2014 Item# 1.4 APPROVED D APPROVED AS AMENDED D (SEE MINUTES) City of Poway COU·NCIL AGENDA REPORT DENIED D REMOVED D CONTINUED ________ __ .. RESOLUTION NO. _____ _ DATE: TO: FROM: INITIATED BY: Sl:JBJECT: Summary: December 2, 2014 Honorable Mayor and Members of the City Council Daniel Singer, City Manager !ji'A~ .~ Jim Howell, Interim Director of Public Wor~ l \ Michael Obermiller, P.E., Assistant Direct~·;-;p Public Works~ Award of Agreement for As-Needed Landscape Architectural Design Services, RFP 15-007 A notice inviting proposals for As-Needed Landscape Architectural Design Services was duly advertised on October 2 and 9, 2014. Six proposals were received and opened on October 23, 2014. RJM Design Group, Inc. was selected as the vendor best meeting the evaluation criteria. The first term of the Agreement is three (3) years beginning December 3, 2014 through December 2, 2017. The optionto renew may be by the mutual agreement between the City and the selected Consultant. Award of the Agreement and any extensions are subject ·to City Council appropriation of funds. The Agreement may be extended through a total of two (2) separate one-year term extensions. The maximum length of the Agreement would be up to five (5) years. Recommended Action: It is recommended that the City Council award the Agreement for As-Needed Landscape Architectural Design Services, RFP 15-007, to RJM Design Group, Inc., and authorize the City Manager to execute the necessary documents. Background: This Agreement is to cover as-needed landscape architectural design services for projects that assist the City in its municipal activities. Findings: Six proposals were received and opened on· October 23, 2014. Staff determined that RJM Design Group, Inc. best meets the City's requirements. Evaluation criteria for the proposals included ability to perform, including, but not limited to, experience and history of the firm, as well as upon the amount proposed. The hourly rates in the table below are identified for the Principal Landscape Architect for comparison between consultants. 1 of 4 December 2, 2014 Item# 15._ Award of Agreement for As-Needed Landscape Architectural Design Services , RFP 15- 007 December 2, 2014 Page2 Consultant Ftrrn RJM Design Group, Inc. JPBLA, Inc . KTU&A Delorenzo International MIG Estrada Land Planning Hourly Rate for Pnnctpal Landscape Arcllttect $145-$165 $150 $175 . $175 $185-$195 $200 The length of the initial Agreement is three (3) years beginning December 3, 2014 through December 2, 2017 . The Agreement may be extended subject to Council appropriation of funds through a total of two (2) separate one-year term extensions . The maximum length of the Agreement would be up to five (5) years . This Agreement may be terminated with or without cause by the City . Termination without cause shall be effective only upon 60-day written notice to the Consultant. During the 60-day ·· period , the Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by the Consultant in connection with the formation of this Agreement or the performance of services , or the failure to perform services as directed by the City . Termination for cause shall be effected by delivery of written notice of termination to the Consultant. Such termination shall be effective upon delivery of said notice . Fiscal Impact: Funding for specific tasks assigned to the design firm under the terms of the agreement would be funded on an as needed basis . Environmental Review: This action is not subject to CEQA review. Public Notification: A copy of this report has been sent to RJM Design Group, Inc . Attachment: A Fee Proposal. (The entire RFP is on file with the Office of the City Clerk.) 2 of4 December 2, 2014 Item# L.5_ I I I I I I I I ! J City of Poway • As-Needed Landscape Architectural Design Services RFP #15-007 Commlllliry Inspired Spaces Fee Proposal R~M DESIGN GROUP . -. ----- REIMBURSABLE EXPENSES (Estimated Allowance) When incurred, the following project expenses will be billed at cost plus 15% administrative fee in addition to the above fee proposal: • Printing, plotting, copying, scanning, photography, graphic expenses o Delivery and handling of documents, shipping • Permits, plan check, and inspection fees • City business license o Soils testing PAYMENTS Payments are due and payable on a monthly basis following the completion of any substantial phase of work. Carrying charges for overdue accounts beyond 30 days of billing date are charged at 1.5% of the amount due, compounded monthly. ADDITIONAL SERVICES Professional services not specifically identified in the scope of work will be considered additional services and may be performed at Client's request, reimbursable at consultant's standard hourly rates. Additional services may include, but are not limited to: o Additional meetings, presentations, or site visits beyond those identified in the scope of work. o Exhibit preparation beyond that identified in the scope of work. . • . R~visions to documents required as a result of changes in Client's direction andjor subsequent to Client's approval, or changes in governmental regulations. • Design of improvements beyond the designated project site, or due to changes in project phasing schedule. o Engagement of other consultants not specifically identified below. CONSULTANTS' HOURLY RATES Compensation for additional services will be billed hourly at our standard rates* below: RIM DESIGN GROUP. INC. Principal Landscape Architect Associate Landscape Architect Landscape Architect Job Captain I Landscape Designer Irrigation Designer CADD Technician Draftsperson '-" Word Processor MCE CONSULTANTS (dvil engineering) Principal Project Manager Project Engineer Project Surveyor Design Engineer Computer Draftsperson Project Assistant 3-Man Survey Crew 2-Man Survey Crew 3 of4 ATTACHMENT A $145 -$165 per hour $130 -$140 per hour $115-$125 per hour $100 -$110 per hour $ 95 -$105 per hour $ 85 -$ 95 per hour $ 70 -$ 80 per hour $ 55 -$ 65 per hour $160 per hour $120 per hour $100 per hour $120 per hour $90 per hour $70 per hour $50 per hour $280 per hour $230 per hour SAN JUAN CAPISTRANO • SACRAMENTO www.RJMdesigngroup.com • [949)493·2600 December 2, 2014 Item# L.!i.._ City of Poway · As-Needed Landscape Architectural Design Services RFP #15-007 community Inspired space~ -·~ • L·,·~. Section Title .. RJM~~~ tklsc (electrical engineering) Principal Sr. Associate Associate Sr. project manger I Sr. Lighting Design I Sr. System Engineer Project Manager I Lighting Designer I System Engineer Engineer /Assistant Lighting Design I Assistant System Engineer Designer CAD I BIM Specialist Clerical ADS CONSULTING ENGINEERS (structural engineering) Principal Project Engineer CADD Operator I Drafter Technical Typing and Reproduction Site Visit JAMES MICKARTZ. ARCHITECT Principal Architect -Associate Architect $210 per hour $195 per hour $185 per hour $175 per hour $150 per hour $130 per hour $110 per hour $90 per hour $75 per hour $150 per hour $135 per hour $95 per hour $85 per hour $135 per hour $135 per hour $110 per hour *charges for subconsultant services are billed at cost plus a 15% coordination fee. Billings for all time and materials and contract extension work shall be in accordance with the level of work performed based on the categories listed above. Hourly rates will be escalated each August 1st in accordance with any· increase in the Consumer Price Index or other mutually agreed upon cost index, beginning with August 1, 2015. Provisions for fee escalation pertain to all contract extensions and additional work SAN JUAN CAPISTRANO • SACRAMENTO 2 www.RJMdesigngroup.com • [949] 493-2600 4 of4 December 2, 2014 Item# 15_ APPROVED D APPROVED AS AMENDED D (SEE MINUTES) C •t f p DENIED 1 y o oway REMOVED D D COUNCIL AGENDA REPORT CONTINUED . . ---. . ~ . . . .. . . . -... . -_ . .. _____ -----------· -RESOLUTION. NO ... """ ... ----"'=== DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: December 2, 2014 Honorable. Mayor and Members of the City Council Daniel Singer, City Manager ~J · 1\, Jim Howell, Interim Director of Public WorkD ~\ \\ Michael Obermiller, P.E., Assistant Directo; otiPublic ..-"1t9_ rks~ Eric Heidemann, Public Works Operations Manager~ Rejection of Proposal for Trucking and Operator SeNices, RFP 15-009 A notice inviting proposals for Trucking and Operator SeNices was duly advertised on October 16 and 23, 2014. One proposal was received. from Kissinger & Herring, Inc. dba Kissinger Trucking & EQ. The proposal was deemed non-responsive as the vendor could only provide trucks older than 10 years, which didn't meet the requirements of the proposal. At this time, staff is not selecting a vendor but instead recommending the technical specifications be revised and the proposal re-advertised. Recommended Action: It is recommended that the City Council reject the proposal for Trucking and Operator SeNices, RFP 15-009, and authorize staff to issue a new Proposal for Trucking and Operator SeNices. Background: This Contract is to perform trucking seNices to include hauling asphalt grindings, dirt, rock and other various materials to locations identified by the City to assist in Public Works maintenance operation activities. Findings: On November 5, 2014, one proposal was received from Kissinger & Herring, Inc. dba Kissinger Trucking & EQ., but was deemed non-responsive due to the age of the trucking fleet available through the Company. Staff plans to re-evaluate the criteria in the proposal and re-advertise for this seNice with modified specifications related to the trucks, their age and condition. Fiscal Impact: Sufficient funds for an award of a Contract are budgeted in the 0411-4320A budget for Fiscal Year 2014/2015 with a not to exceed $65,000 in each of the years in the first term of the contract. 1 of 2 December 2, 2014 Item # \. (p Rejection of Proposal for Trucking and Operator Services, RFP 15-009 December 2, 2014 Page 2 Environmental Review: This action is not subject to CEQA review. Public Notification: A copy of this report has been sent to Kissinger & Herring, Inc. dba Kissinger Trucking &EO. 2 of 2 December 2, 2014 Item # \. b City of Poway APPROVED 0 APPROVED AS AMENDED 0 (SEE MINUTES) DENIED 0 REMOVED 0 CONTINUED ________ __ COUNCIL AGENDA REPORT RESOLUTION NO. __ _ DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: December 2, 2014 Honorable Chairman and Members of the Housing Authority Daniel Singer, Executive Director !}M-tJJ Robert J. Manis, Director of Development Services pvl Ashley Jones, Senior Management Analyst (tor{j Exclusive Negotiating Rights Agreement between the Poway Housing Authority and Habitat for Humanity The Poway Housing Authority (Authority) owns a 2.15-acre property located on Twin Peaks Road (APN 321-190-28) which was purchased to be developed as affordable housing. In early 2014, Habitat for Humanity approached Poway with the concept of building affordable for-sale housing for veterans on this site. In order to determine the project's feasibility and negotiate the terms of a Disposition and Development Agreement (DDA), staff proposes to enter into an Exclusive Negotiating Rights Agreement (ENRA) for a period of 180 days. Recommended Action: It is recommended that the Poway Housing Authority: 1) Approve the Exclusive Negotiating Rights Agreement with Habitat for Humanity (Attachment A); and 2) Authorize the Executive Director to execute the agreement. Background: On November 3, 2004, the former Poway Redevelopment Agency (Agency) purchased a 2.15-acre property located on Twin Peaks Road, next to Circle K, to be developed in the future as affordable housing. A zoning and location map for the property is included as Attachment B. On February 1, 2012, the Agency was dissolved, and pursuant to Health and Safety Code Section 34176(b )(3) and 34177(g) all housing functions and assets of the former Agency, including this site, were transferred to the Authority. Earlier this year, Habitat for Humanity approached Poway with the concept of building a for-sale affordable .housing development for veterans called Habitat for Heroes. As currently proposed, the project would provide approximately 28 units for low-income veteran households. If a development project can be successfully negotiated for this site, the units would be applied to Poway's regional fair-share affordable housing allocation as identified in the recently certified Housing Element. 1 of 15 December 2, 2014 Item # \ .1 Exclusive Negotiating Rights Agreement between the Poway Housing Authority and Habitat for Heroes December 2, 2014 Page 2 Findings: In order to negotiate the terms of a DDA, staff proposes that the Authority enter into an ENRA. The ENRA provides for a negotiating period of 180 days, which can be extended for an additional180 days upon agreement of both parties. During the ENRA period, the terms of the DDA will be established, which will include the design, financing, and schedule of performance for the project. Additionally, the DDA will identify the requirements that must be met by the developer prior to transfer of ownership of the Authority property. Once the terms of the DDA have been negotiated, the DDA will be brought to the Authority for final consideration. Fiscal Impact: Sufficient funds were appropriated with FY 2014-15 budget adoption (accounts 0309- 17028, 1799) to cover the costs associated with the approval of this agreement. Environmental Review: This item is not subject to CEQA review. Public Notification: A copy of this report was provided to Habitat for Humanity. Attachments: 2 of 15 A. B. Exclusive Negotiating Rights Agreement Zoning/Location Map December 2, 20141tem # \ 7'1 EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT (TWIN PEAKS HOUSING DEVELOPMENT) This Exclusive Negotiating Rights Agreement (this "Agreement") is entered into as of this 2nd day of December, 2014 (the "Effective Date"), by and among the Poway Housing Authority, a public body, corporate and politic (the "Authority") and San Diego Habitat for Humanity, Inc., a California nonprofit public benefit corporation (the "Developer"), on the basis of the following facts: RECITALS A. The City Council of the City of Poway (the "City Council") adopted the Redevelopment Plan for the Paguay Redevelopment Project Area (the "Project Area") on December 13, 1983 by Ordinance No. 117, as amended by Ordinance No. 415 on June 15, 1993, Ordinance No. 439 on December 13, 1994, Ordinance No. 593 on December 2, 2003, Ordinance No. 605 on August 3, 2004, Ordinance No. 611 on October 26, 2004, Ordinance No. 641 on July 18, 2006, and as further amended by Ordinance No. 657 on July 12, 2007 (as amended from time to time, the "Redevelopment Plan"). The Redevelopment Plan affects and controls the development and use of all real property located within the Paguay Redevelopment Project Area within the City of Poway, California, (the "City") as more particularly described and set forth in the Redevelopment Plan. The goals for the Redevelopment Plan include alleviation of blighting conditions and the stimulation of economic development and affordable housing activities in the Project Area and the community. B. On January 17, 2012, and pursuant to Health and Safety Code Section 34173, the City Council declared that the City would act as successor agency (the "Successor Agency") to the former Poway Redevelopment Agency (the "Dissolved RDA") effective February 1, 2012, but elected not to retain the housing assets and functions previously performed by the Dissolved RDA and instead, pursuant to Health and Safety Code Section 34176(b)(3), selected the Authority to retain the housing assets and functions previously performed by the Dissolved RDA. C. On February 1, 2012, pursuant to Health and Safety Code Section 34176(b)(3) and 34177(g), the Successor Agency transferred to the Authority the housing functions and assets of the Dissolved RDA. D. The Authority, as housing successor, owns a specified site located within the Project Area, as further described in the attached Exhibit A (the "Site"), on which the Authority desires to cause the development of a twenty-eight (28) unit multi-family for-sale affordable housing development targeted to U.S. veterans (the "Development"). E. The Authority and the Developer desire to enter into exclusive negotiations for redevelopment of the Site and construction of the Development. 1 3 of 15 December 2, 20141tem # \.1 F. Completion of the Development in the Project Area will provide needed affordable housing, and will assist in ameliorating blighting influences in the Project Area. The Authority will be imposing occupancy and affordability restrictions on the Development in order to utilize approximately twenty-eight (28) units to obtain affordable housing production credits for the Authority pursuant to Section 33413(b)(2)(A)(i) of the Community Redevelopment Law as housing units located in the Project Area and available at affordable housing cost to low- income households. G. The purpose of this Agreement is to establish procedures and standards for the negotiation by the Authority and the Developer of a Disposition and Development Agreement (a "DDA") pursuant to which, among other matters, if specified preconditions are satisfied, the Authority would convey ownership of the Site to the Developer and the Developer would construct the Development on the Site. As more fully set forth in Section 3.1, the Developer acknowledges and agrees that this Agreement in itself does not obligate any party to acquire or convey any property, does not grant the Developer the right to develop the Development, and does not obligate the Developer to any activities or costs to develop the Development, except for the preliminary analysis and negotiations contemplated by this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties mutually agree as follows: ARTICLE 1. EXCLUSIVE NEGOTIATIONS RIGHT Section 1.1 Good Faith Negotiations. The Authority and the Developer shall negotiate diligently and in good faith, during the Negotiating Period described in Section 1.2, the terms of a DDA for the conveyance of land and construction of the Development on the Site. During the Negotiating Period, the parties shall use good faith efforts to accomplish the respective tasks outlined in Article 2 to facilitate the negotiation of a mutually satisfactory DDA. Among the issues to be addressed in the negotiations are: ( 1) the conveyance of the Site by the Authority to the Developer; (2) the design and type of units to be constructed as part of the Development; (3) the physical and land title conditions of the Site and remediation of any adverse conditions; (4) the land use approvals necessary for the Development; (5) the development schedule for the Development (including timing of entitlement applications and governmental approvals); (6) financing of the Development; (7) marketing and management of the Development; and (8) the level of housing affordability and the nature of affordability controls. Section 1.2 Negotiating Period. The negottatmg period (the "Negotiating Period") under this Agreement shall be One-Hundred and Eighty (180) days, commencing on the Effective Date, subject to extension by mutual agreement of the parties in writing. The Negotiating Period may be extended on the Authority's behalf for up to an additional One- 2 4 of 15 December 2, 2014 Item # \ .1 Hundred and Eighty (180) days by the Executive Director if, in the Executive Director's judgment, sufficient progress toward a mutually acceptable DDA has been made during the initial One-Hundred and Eighty (180) day negotiating period to merit such extension. If a DDA has not been executed by the Authority and the Developer by the expiration of the Negotiating Period, including any extension that may be granted by the Executive Director pursuant to the preceding paragraph, then this Agreement shall terminate and neither party shall have any further rights or obligations under this Agreement. If a DDA is executed by the Authority and the Developer then, upon such execution, this Agreement shall terminate, and all rights and obligations of the parties shall be as set forth in the executed DDA. Section 1.3 Exclusive Negotiations. During the Negotiating Period, including any extension granted pursuant to Section 1.2, the Authority shall not negotiate with any entity, other than the Developer, regarding development of the Site, or solicit or entertain bids or proposals to do so. Section 1.4 Identification of Developer's Representative. The Developer's representative to negotiate the DDA with the Authority is Lori Holt Pfeiler, Executive Director. The Developer's negotiating representative may be changed by written notice to the Authority. Section 1.5 Identification of Authority Representatives. The Authority's representatives to negotiate the DDA with the Developer are Tina White, Bob Manis, and Ashley Jones; Tina White, as the Assistant Executive Director, has ultimate staff authority to make decisions related to this Agreement that can be made at the staff level, and to make staff recommendations to the Housing Authority Board (the "Authority Board") in connection with decisions related to this Agreement to be made at the Authority Board level. The Authority's negotiating representatives may be changed by written notice to the Developer. Section 1.6 Good Faith Deposit Alternative. In lieu of and as an alternate to a good faith deposit, and as consideration for the Authority's execution of this Agreement, the Developer by this Agreement shall provide the Authority with copies of all reports, studies, analyses, correspondence and similar documents prepared or commissioned by the Developer with respect to this Agreement and the Development, all as more fully set forth in Section 2.8. ARTICLE2. NEGOTIATION TASKS Section 2.1 Overview. To facilitate negotiation of the DDA, the parties shall use reasonable good faith efforts to accomplish the tasks set forth in this Article 2 in a timeframe that will support negotiation and execution of a mutually acceptable DDA prior to the expiration of the Negotiating Period. Section 2.2 Development Team. The Parties' acknowledge that the identity and quality of the Developer's team that will oversee, monitor, and manage the day-to-day construction of the Development is important to the completion of the tasks set forth in Article 2 below, and in seeking to negotiate a mutually acceptable DDA. Within Thirty Days (30) days 3 5 of 15 December 2, 2014 Item # \ .1 after the Effective Date, the Developer shall identify and seek Authority approval of an engineer, architect, and legal counsel and any additional members to its proposed development team, which approval shall not be unreasonably withheld, conditioned or delayed. The development team members approved in accordance with this section shall comprise the "Development Team" for the Development. The Developer may replace one or more members of the Development Team upon receipt of Authority approval, which approval shall not be unreasonably withheld, conditioned or delayed. Section 2.3 Financing and Costs of Development. Within Ninety (90) days after the Effective Date, the Developer shall provide the Authority with a detailed financial analysis for the Development containing, among other matters, a development budget and operating proforma, and housing affordability levels supported by the budget (the "Financing Proposal"). The financial analysis shall be refined by the parties during the Negotiating Period, as appropriate, and will be used to evaluate the financial feasibility of the Development and to assist in the negotiation of terms regarding payment of development costs. Section 2.4 Conveyance of the Site. Concurrent with Developer's development of the Financing Proposal, the Authority and the Developer shall seek to agree upon the conveyance of the Site, and the nature, timing and cost of Authority assistance to the Development, if any. The proposed conveyance shall be subject to confirmation and refinement pursuant to the formal reuse appraisal and the noticed public hearing Authority Board and City Council finding process to be conducted in accordance with Health and Safety Code Section 33433, as further described in Section 2.11 below. Section 2.5 Planning Approvals. The Developer acknowledges that the Development may require City approval of various entitlements (the "Entitlements"). Within Ninety (90) days after the Effective Date, the Developer shall submit conceptual site plans and preliminary designs for the Development to the Authority and the appropriate City departments for their informal review. The Authority and the Developer shall negotiate in good-faith a deadline for the formal application for the Entitlements to the City, which deadline will be included in the DDA. Section 2.6 Schedule of Performance. Within 90 (days) days after the Effective Date, the Developer shall provide the Authority with a proposed detailed schedule of performance for the Development which shall be based on the preliminary schedule attached hereto as Exhibit B. Section 2.7 Due Diligence. During the Negotiating Period, the Developer shall conduct due diligence activities, including but not limited to planning, soils report, hazardous materials report, financial feasibility and title adequacy. (a) Physical Adequacy Determination. The Developer shall determine whether the Site is suitable for development of the Development, taking into account the geotechnical and soils conditions, the presence or absence of toxic or other hazardous materials, the massing of the proposed Development improvements and the parking requirements imposed on Developments of this type and the other environmental and regulatory factors that the Developer deems relevant. If, in the Developer's judgment based on such investigations and 4 6 of 15 December 2, 20141tem # \.1 analyses, the Site is not suitable for the Development, the Developer may notify the Authority in writing no later than Ninety (90) days after the Effective Date of its determination (an "Unsuitability Notice"). Upon delivery of an Unsuitability Notice by the Developer within this time period, this Agreement shall be terminated without further action of any party, and thereafter no party shall have any further duties, obligations, rights, or liabilities under this Agreement, except as set forth in Section 3.8. If the Developer does not deliver an Unsuitability Notice during the first Ninety (90) days after the Effective Date, then the Site shall be deemed physically suitable for development of the Development and any executed DDA shall not provide for an additional opportunity for the Developer to determine the physical suitability of the Site or for the Developer to terminate the DDA as a result of the purported physical unsuitability of the Site (unless such unsuitability arises solely from an event (i) occurring subsequent to the execution of the DDA, or (ii) that Developer, in its reasonable exercise of due diligence, could not have discovered prior to the execution of the DDA). (b) Title Adequacy Determination. Within Thirty (30) days following the Effective Date, the Authority shall cause a reputable title company to issue a Preliminary Title Report (the "Report") on the Site to the Developer. If the Developer objects to any exception appearing on the Report or should any title exception arise after the date of the Report, the Developer may object to such exception, provided such objection is made to the Authority in writing on or before 5 o'clock P.M. on the thirtieth (30th) day following the date the Developer receives the Report. If the Developer objects to any exception to title, the Authority, within Thirty (30) days of receipt of Developer's objection shall notify Developer in writing whether Authority elects to: (1) cause the exception to be removed of record; (2) obtain a commitment from the title company for an appropriate endorsement to the policy of title insurance to be issued to the Developer, insuring against the objectionable exception; or (3) terminate this Agreement unless the Developer elects to take title subject to such exception. If any party elects to terminate this Agreement pursuant to this Section 2.7(b), no party shall thereafter have any obligations to or rights against the others hereunder, except as set forth in Section 3.8. If the Developer fails to provide any notification to the Authority regarding this matter prior to expiration of the time period set forth herein, the condition set forth in this Section 2.7(b) shall be deemed satisfied, this Agreement shall continue in effect, and the condition of title at closing under any executed DDA shall be as set forth in the Report. Section 2.8 Reports. Unless otherwise waived by the Authority, the Developer shall provide the Authority with copies of all reports, studies, analyses, correspondence and similar documents prepared or commissioned by the Developer with respect to this Agreement and the Development, promptly upon their completion. The Authority shall provide the Developer with copies of all reports, studies, analyses, correspondence and similar documents (collectively, "Documents"), exclusive of detailed property appraisals, prepared or commissioned by the Authority with respect to this Agreement and the Development, promptly following execution of this Agreement with respect to Documents then in its possession or under its reasonable control, and promptly upon their completion with respect to any subsequently prepared documents. 5 7 of 15 December 2, 2014 Item#\ .1 Section 2.9 Organizational Documents. The Developer shall provide the Authority with copies of its organizational documents evidencing that the Developer exists and is in good standing to perform its obligations under the DDA. Section 2.10 Environmental Review. The Authority shall prepare or cause to be prepared any and all environmental documentation, and in its sole discretion, make all findings related to the approval of the DDA under the California Environmental Quality Act ("CEQA"), pursuant to California Public Resources Code Sections 21000 et seq. and California Code of Regulations Sections 15000 et seq; provided, that nothing in this Agreement shall be construed to compel the Authority or the City to approve or make any particular findings with respect to such CEQA documentation. The Developer shall provide such information about the Development as may be required to enable the Authority to prepare or cause preparation and consideration of any CEQA-required document, and shall otherwise generally cooperate with the Authority to complete this task. If the Authority, in its sole discretion, determines that the approval of the DDA requires non- feasible mitigation measures, or fails to yield benefits that outweigh significant unavoidable . impacts, or the Authority otherwise determines, in its sole discretion, not to make any finding required by CEQA as a prerequisite to approval of the DDA, it may terminate the Agreement. Upon such termination, neither party shall have any further rights or obligations under this Agreement, except that any provision of this Agreement that is specified to survive termination shall remain in effect and binding upon the Parties. The parties intend this Agreement to reflect the basic understanding between them, but agree that the transaction contemplated herein shall be subject to the execution of a mutually acceptable, definitive, and final DDA to be negotiated, and subject to the approval of the Authority Board and City Council. This Agreement does not constitute a legally binding commitment to a specific project or the Development. Therefore, final CEQA review may be completed with entitlements after execution of a final DDA. Section 2.11 Section 33433 Report. The Authority shall prepare the necessary documentation pursuant to Section 33433(a)(2)(B) of the California Health and Safety Code to be submitted to the Authority Board and City Council in conjunction with the Authority's and the City's consideration of any DDA that is prepared under this Agreement. The Section 33433 report shall contain the estimated value of the Site determined at its highest and best use under the Redevelopment Plan and the estimated value of the Site determined at the use and with the conditions, covenants and development costs required pursuant to the DDA. Section 2.12 Progress Reports. From the Effective Date and every thirty (30) days thereafter, the Developer shall make oral or written progress reports advising the Authority representatives on studies being made and matters being evaluated by the Developer with respect to this Agreement and the Development. Section 2.13 Community Engagement. The Authority and the Developer shall confer and seek agreement on an appropriate strategy to obtain input from community members regarding the Development. At a minimum, the Developer shall take the lead in noticing and 6 8 of 15 December 2, 20141tem # l.l conducting a community workshop (the "Community Workshop") to provide information and solicit input regarding the proposed site plan and design of the Development within the time set forth in the preliminary schedule attached hereto as Exhibit B. The Community Workshop shall be noticed to all property owners and occupants in the vicinity of the Site. ARTICLE3. GENERAL PROVISIONS Section 3.1 Limitation on Effect of Agreement. This Agreement shall not obligate either the Authority or the Developer to enter into a DDA or to enter into any particular DDA. By execution of this Agreement, the Authority is not committing itself to or agreeing to undertake disposition, or exercise of control over the Site. Execution of this Agreement by the Authority is merely an agreement to conduct a period of exclusive negotiations in accordance with the terms hereof, reserving for subsequent Authority Board and City Council action the final discretion and approval regarding the execution of a DDA and all proceedings and decisions in connection therewith. Any DDA resulting from negotiations pursuant, to this Agreement shall become effective only if and after such DDA has been considered and approved by the Authority Board and, if required by law, the City Council, following conduct of all legally required procedures, and executed by duly authorized representatives of the Authority and the Developer. Until and unless a DDA is signed by the Developer, approved by the Authority Board and City Council, and executed by the Authority, no agreement drafts, actions, deliverables or communications arising from the performance of this Agreement shall impose any legally binding obligation on either party to enter into or support entering into a DDA or be used as evidence of any oral or implied agreement by either party to enter into any other legally binding document. Section 3.2 Notices. Formal notices, demands and communications between the Authority and the Developer shall be sufficiently given if, and shall not be deemed given unless, dispatched by certified mail, postage prepaid, return receipt requested, or sent by express delivery or overnight courier service, to the office of the parties shown as follows, or such other address as the parties may designate in writing from time to time: Authority: Developer: Poway Housing Authority 13325 Civic Center Drive Poway, CA 92064 Attn: Daniel Singer, Executive Director San Diego Habitat for Humanity, Inc. 10222 San Diego Mission Road San Diego, CA 92108 Attn: Lori Holt Pfeiler, Executive Director Such written notices, demands and communications shall be effective on the date shown on the delivery receipt as the date delivered or the date on which delivery was refused. 7 9 of 15 December 2, 2014 Item# \ .1 Section 3.3 Waiver of Lis Pendens. It is expressly understood and agreed by the parties that no lis pendens shall be filed against any portion of the Site with respect to this Agreement or any dispute or act arising from it. Section 3.4 Right of Entry. The Authority hereby grants the Developer a right of entry to enter the Site to perform the physical adequacy determination described in Section 2.7(a) above. Developer shall indemnify, defend (with counsel reasonably acceptable to Authority and the City) and hold harmless the Authority, the City, and their directors, council members, officers, contractors, agents and employees against any claims made against them which arise out of the activities Developer or its, contractors, subcontractors, agents, employees, licensees, invitees or guests on or concerning the Site during the term of this Agreement. The foregoing indemnity shall not extend to any claim arising solely from the Authority or City's gross negligence or intentional acts. Section 3.5 Insurance. The Developer shall at all times during the term of this Agreement keep in full force and effect a policy or policies of commercial general liability insurance against liability for bodily injury to or death of any person or property damage arising out of or in any way related to the Developer's entry onto the Site. The insurance shall be written on an occurrence basis and the limits of such insurance shall be not less than Two Million Dollars ($2,000,000) combined single limit for bodily injury and property damage. The Developer shall also carry or cause to be carried workers' compensation insurance, with statutory limits as required by the California Labor Code, covering all persons employed by the Developer, as applicable, in connection with the Development and entry onto the Site under this Agreement, which shall provide for a waiver of subrogation against the Authority. Section 3.6 Costs and Expenses. Each party shall be responsible for its owns costs and expenses in connection with any activities and negotiations undertaken in connection with this Agreement, and the performance of each party's obligations under this Agreement. Section 3.7 No Commissions. Except as may otherwise be provided in any DDA hereafter executed by the Authority, the Authority shall not be liable for any real estate commissions or brokerage fees that may arise from this Agreement or any DDA resulting from this Agreement. The Authority represents that it has engaged no broker, agent or finder in connection with this transaction, and the Developer shall defend and hold the Authority harmless from any claims by any broker, agent or finder retained by the Developer. Section 3.8 Defaults and Remedies (a) Default. Failure by any Party to negotiate in good faith as provided in this Agreement shall constitute an event of default hereunder. The non-defaulting Party shall give written notice of a default to the defaulting Party, specifying the nature of the default and the required action to cure the default. If a default remains uncured thirty (30) days after receipt by the defaulting Party of such notice, the non-defaulting Party may exercise the remedies set forth in subsection (b). 8 10 of 15 December 2, 2014 Item# l .1 (b) Remedies. In the event of an uncured default by the Authority or the Developer, the non-defaulting Party's sole remedy shall be to terminate this Agreement. Following such termination, no Party shall have any further right, remedy or obligation under this Agreement, except that the Developer's indemnification obligation pursuant to Section 3.4 shall survive such termination. Except as expressly provided above, no Party shall have any liability to any other Party for damages or otherwise for any default, nor shall any Party have any other claims with respect to performance under this Agreement. Each Party specifically waives and releases any such rights or claims it may otherwise have at law or in equity. Section 3.9 Attorneys' Fees. The prevailing party in any action to enforce this Agreement shall be entitled to recover attorneys' fees and costs from the other party. Section 3.10 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Section 3.11 Entire Agreement. This Agreement constitutes the entire agreement of the parties regarding the subject matters of this Agreement. Section 3.12 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same agreement. Section 3.13 Assignment. The Developer may not transfer or assign any or all of their rights or obligations hereunder except with the prior written consent of the Authority, which consent shall be granted or withheld in the Authority's sole discretion, and any such attempted transfer or assignment without the prior written consent of Authority shall be void. Section 3.14 No Third Party Beneficiaries. This Agreement is made and entered into solely for the benefit of the Authority and the Developer and no other person shall have any right of action under or by reason of this Agreement. Section 3.15 Actions by the Authority. Whenever this Agreement calls for or permits the approval, consent, authorization or waiver of the Authority, the approval, consent, authorization, or waiver of the Authority Executive Director shall constitute the approval, consent, authorization or waiver of the Authority without further action of the Authority Board. 9 11 of 15 December 2, 2014 Item# \ .1 IN WITNESS WHEREOF, this Agreement has been executed by the parties on the Effective Date. ATTEST: Sheila R. Cobian, CMC, City Clerk APPROVED AS TO FORM: Rafael Y aquian, Authority Special Counsel 12 of 15 DEVELOPER: SAN DIEGO HABITAT FOR HUMANITY, Inc., a California nonprofit public benefit corporation By: Lori Holt Pfeiler, Executive Director AUTHORITY: POWAY HOUSING AUTHORITY, a public body corporate and politic By: Daniel Singer, Executive Director 10 December 2, 2014 Item# \ .1 EXHIBIT A LEGAL DESCRIPTION OF THE SITE (APN: 321-190-28) PARCEL 1 OF PARCEL MAP NO. 1396, IN THE CITY OF POWAY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 19, 1973. 13 of 15 A-1 December 2, 2014 Item # \ .1 EXHIBIT B PRELIMINARY SCHEDULE ACTION FINAL DATE 1. Approval of ENRA by Authority December 2, 2014 2. Identification of Development Team January 2, 2015 3. Developer submission of Financing Proposal to March 2, 2015 Authority 4. Developer submission of conceptual site plans and March 2, 2015 preliminary design for the Development 5. Developer submission of detailed schedule of March 2, 20 15 performance for the Development 6. Developer receipt of financing commitments March 2, 2015 7. Community Workshop At least Sixty (60) days prior to DDA consideration by City Council and Authority Board 8. Authority and City Council consideration of DDA June 2015 or One-Hundred and Eighty ( 180) days from Effective Date, unless extended pursuant to Section 1.2. 9. Execution ofDDA r----· 10. Developer application for Entitlements 11. City Council consideration of Entitlements 12. Conveyance of Site to Develo_per 13. Commencement of Construction 14. Completion of Construction 15. 1 00% occupancy of Development 14 of 15 B-1 December 2, 20141tem # \ .1 CIY: I J/ ~l ~ . CARNI"!A::l ST I t:L DOLU__t:<_A WY "< )--- r---r- -r---1-- 0::: 0 -L S N ETOS Av---- RS F-2 0::: -0 ~ 0::: t--- (/) -0 tn '"r-r-~ ~ ~ ~ 0 IQj :=r----ffi ~-u 1\Juu_c 1 5 w t---co I pt' 1f=:=~~ I* PF 11 I = tdruvr I TWIN PEAKS ROAD I I I I I I • -- RS .. 4 ~CN lcOUNTI Y CREEK RD A ~~ / 0 <{ ~ ~ 0 'f.]WA VALLI:: ~OADI 0::: ::5 I""" 0 ~~ ~ ~~ ) 85 t ;t'<_A _N LU ~~ ~L--1'-' ~ z 0 co RR-C <t: 0::: 0::: w i= ~--.... '~ l -x ~~ N $ 0 125 250 500 r-..·-iFeet 15 of 15 Subje-ct _to_c_a!io n: APN: 3/A90-28 PF CITY OF POWAY Zoning /location Map ~ ~ 05-RM ATTACHMENT B December 2, 20141tem # \ .1 APPROVED D APPROVED AS AMENDED D City of Poway COUNCIL AGENDA REPORT (SEE MINUTES) DENIED D REMOVED D CONTINUED ____ _ DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: RESOLUTION NO. ___ _ December 2, 2014 Honorable Mayor and Members of the City Council Daniel Singer, City Manager .!}M"-\)) Robin Bettin, Director of Community Services Resolution Authorizing the Execution of the Agreement for the Housing-Related Parks Program Grant, and Appropriation of Funds to Capital Improvement Project 1698B The City of Poway has been awarded a Housing-Related Parks Program Grant from the California Department of Housing and Community Development in the amount of $82,550. The funds will be utilized for the resurfacing of the Hilleary Park playground. The proposed Resolution authorizes the execution of the Standard Agreement. Implementation of the project requires an appropriation of $82,550 from the Unappropriated General Fund Balance to Capital Improvement Project (CIP) 1698B Playground Renovation, which will be reimbursed by the grant. The project and payment request must be completed by September 30, 2016. Recommended Action: It is recommended that the City Council approve the Resolution and appropriate $82,550 from the Unappropriated General Fund balance to Capital Improvement Project (CIP) 1698B, to be reimbursed by the Housing-Related Parks Program Grant. Background: The Housing-Related Parks Grant Program provides funding for local park enhancements to jurisdictions that have recently approved housing for lower-income households, and are in compliance with the State Housing Element law. In September 2012, the City received a grant for $200,850 which was utilized for the following improvements at Community Park: construction of a new gazebo and picnic area, bocce court drainage improvements, renovation of the east and west ball fields, painting of the Community Swim Center, and Poway Senior Center operable wall replacement. 1 of 12 December 2, 2014 Item# .h1 Execution of the Agreement for the Housing-Related Parks Program Grant December 2, 2014 Page 2 In January 2014, the City applied for the next round of grant funding. We received notification in ·July that the City had been awarded a grant for $82,550 for the resurfacing of the playground at Hilleary Park, located at 13500 Community Road. Findings: The Department of Housing and Community Development requests a resolution stating the amount of the grant and authorizing the execution of the Standard Agreement. The City is allowed to encumber funds against the grant award immediately upon execution of the Standard Agreement. The term begins on the date the agreement is fully executed and ends September 30, 2016. To implement the project, it is necessary to advance funds from the Unappropriated General Fund balance into a capital improvement project, to be reimbursed by the Housing-Related Parks Program Grant. Capital Improvement Project (CIP) 1698 is an existing project that provides funding for playground renovations at various City parks. The funds will be appropriated to CIP 1698B specifically for the playground renovation at Hilleary Park. Fiscal Impact: This action authorizes an appropriation of $82,550 from the Unappropriated General Fund Balance (100-8912) to CIP account 1698B, to be reimbursed by the Housing- Related Parks Grant. Environmental Review: This action is not subject to CEQA review. Public Notification: None. Attachments: A. Resolution of the City of Poway Authorizing the Execution of the Agreement for the Housing-Related Parks Program Grant B. State of California Standard Agreement 2 of 12 December 2, 2014 Item# L1 RESOLUTION NO. 14- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY AUTHORIZING EXECUTION OF STATE STANDARD AGREEMENT FOR HOUSING- RELATED PARKS PROGRAM GRANT WHEREAS, the State· of California, Department of Housing and Community Development (the "Department") issued a Notice of Funding Availability (NOFA) dated October 2, 2013, under its Housing-Related Parks (HRP) Program; and WHEREAS, by Resolution No. 14-004, the City of Poway (the "Applicant") was authorized to apply for an HRP 1 Program Grant and submitted the 2013 Designated Program Year Application Package released by the Department for the HRP Program; and WHEREAS, the Department is authorized to approve funding allocations for the HRP Program, subject to the terms and conditions of the NOFA, Program Guidelines, Application Package, and Standard Agreement; and 3 of 12 WHEREAS, the Department awarded Applicant an HRP Program Grant in the amount of Eighty-Two Thousand Five Hundred Fifty Dollars and No Cents ($82,550.00). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: 1. Applicant is hereby authorized and directed to enter into, execute, and deliver a State of California Standard Agreement (Standard Agreement), for an HRP Program Grant in the amount of Eighty-two Thousand Five Hundred Fifty Dollars and No Cents ($82,550.00), and any and all other documents required or deemed necessary or appropriate to secure the HRP Program Grant from the Department, and all amendments thereto (collectively, the "HRP Grant Documents"). 2. Applicant shall be subject to the terms and conditions as specified in the Standard Agreement. Funds are to be used for allowable capital asset project expenditures to be identified in Exhibit A of the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application are enforceable through the Standard Agreement. Applicant hereby agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by the Department and in accordance with the NOFA and Program Guidelines and Application Package. ATTACHMENT A December 2, 2014 Item# h1 Resolution No. 14- Page 2 3. That the City Manager or,' in the absence of the City Manager, the Assistant City Manager, is hereby authorized to execute the HRP Grant Documents as required by the Department for participation in the HRP Program. PASSED, ADOPTED, AND APPROVED by the City Council of the City of Poway at a regular meeting this 2nd day of December, 2014. ATTEST: Sheila R. Cobian, CMC, City Clerk STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) Don Higginson, Mayor I, Sheila R. Cobian, City Clerk, of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. 14-was duly adopted by the City Council at a meeting of said City Council held on the 2nd day of December, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 4 of 12 Sheila R. Cobian, CMC, City Clerk City of Poway December 2, 2014 Item# 1.:1 STATE OF CALIFORNIA STANDARD AGREEMENT ~-AGREEMENT NUMBER------------~ I ! 14-HRPP-9238 i STD 213 (Rev 06/03) i -:---··---····----------------------------------~---------~-----------------·~·--··-t·-REGisfRATfON·N-DMBER. ·---. __________ j ---~. This Agreement is -eniered irii(11Jet:We-ei;ihe-siaie-A.gei1;;)i-and-ilie contractor-rlame~Cbelow: STATE AGENCY'S NAME DEPARTMENT OF HOUSlNG AND COMMUNlTY DEVELOPMENT ·. · .. City of Poway 2 ·The term of this Agreement is: Upon HCD Approval through 09/30/2016 ~~· 3· .-The n;a;(-iffi~ffi-~~o~-.,"t-;;t'-this _______ $8~~~~~00------------------------------------------------------------------------------------------- Agreement is: ------;.:The-parties-agreetoco~ply-with-the terms ariCiconditions ·or the foiTowiniexhTbit5-which-areby this refe-re-nce-made_a_part-of __ _ the Agreemen_t_:_ ___________ ....... ____ _ _ _ _ ___ _ ___________________ _ ___________ _ ____ _ _ ___ __ ___ ___ _______________ _ _________________________________________________________________ _ Exhibit A-Authority, Purpose and Scope of Work Exhibit B -Budget Detail and Payment Provisions Exhibit C-State of California General Terms and Conditions* Exhibit D-HRPP Terms and Conditions Exhibit E-Special Terms and Conditions Exhibit F -Additional Provisions TOTAL NUMBER 9F PAGES ATTACHED: 2 2 GTC-610 2 0 7 pages Items shown with an Asterisk ("'), are hereby inforporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at http://www.documents.dgs.ca.gov/ols/GTC-61 O.doc IN WITNESS WHEREOF; this Agreement has been executed by the parties hereto. CONTRACTOR ·cciNTRACTOR;S-NAME (ir"other tha-;;-;;individual,st;te whcth~~~ corpor;t~n;-p~--~~ship,etc) _____ _ City of Poway ------BY(Aii\i10i-Tied Signature) ------; DATE SIGNED (Do not type)--1 i . _ I ________ ]_ ________________________________ [ ------rR.INTEDNAME AND TITLE OF PERSON SIGNING ADDRESS P.O. Box 789, Poway, CA 92074 ---------STATE OF CALIFORNiA-·-.... ··--·AaEi'lcv--iiiA:Mf----------·-----------. Department of Housing and Community Development BY (Authorized Signature) -----------------------------.. PRINTED NAME AND TITLE OF PERSON SIGNING Cathy Parr, Contracts Manager, Business & Contract Services Branch ADDRESS 2020 W. El Camino Ave, Sacramento, CA 95833 Department of General Ser-vice Use Only ~~ Exe-mpt per: SCM 4.04.A.3 (DGS '----' Memo dated 6/12/81) 5 of 12 ATTACHMENT B · December 2, 2014 Item # Lj EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK Housing-Related Parks (HRPl Program Grant City of Poway 14-HRPP-9238 Page 1 of 2 1; Authority Pursuant to Chapter 8 of Part 2 of Division 31 of the California Health and Safety Code, commencing with Section 50700, as added by Section 1 of Chapter 641 of the Statutes of 2008, the State of California Department of Housing and Community Development (herein referred to as the "State" or the "Department") has established the Housing-Related Parks (HRP) Program (the "Program"). This ~tandard Agreement (the "Agreement") is entered into under the authority of, and in furtherance of the purposes of, the Program as set forth in Health and Safety Code Section 50701. Pursuant to Health and Safety Code Sections 50702 and 50704.5, the State has issued a Notice of Funding Availability, dated October 2, 2013 (NOFA) and Program guidelines dated September 2013 (the "Guidelines") governing the Program. 2~ Purpose In accordance with the authority cited above, the Contractor has applied to the State for financial assistance (the "Application") in the form of a grant from the Program (the "Grant"). The State has agreed to make the Grant, as a financial incentive based on the issuance of housing starts, for housing units affordable to very low-and low-income households by the Contractor pursuant to the terms of the NOFA, the Guidelines and this Agreement. Based on the representations made by the Contractor in its Application, which is hereby incorporated as if set forth in full, the State shall provide a Grant iri the amount shown below for the purpose of paying for capital improvement(s) related to the acquisition, rehabilitation, or construction of a Park and Recreation Facility. The State and the Contractor have agreed to enter into this Agreement in accordance with the terms and conditions herein, subject to all the provisions of the applicable statutes, the NOFA, the Guidelines and further subject to the State laws and requirements governing State contracts. Capitalized terms herein shall have the meaning of the definitions set forth in the Guidelines. · 3.. Scope of Work Removal and disposal of existing playground surface and installation of new recycled playground surface at Hilleary Park. HRP Program Grant-Round 3 NOFA Date: 10/02/13 Rev. Date: 8/15/14 Prep Date: 8/20/14 6 of 12 December 2, 2014 Item# .Ll EXHIBIT A City of Poway 14-HRPP-9238 Page 2 of 2 Grant Time lines No work performed prior to the effective date of this Agreement or after June 30, 2016, shall be funded. The effective date of this Agreement is the date it is executed by the State, after execution by the Contractor. All funds must be requested from the Department no later than April 30, 2016. For the purpose of this Agreement, no funds may be expended after June 30, 2016. It is the responsibility of the Contractor to monitor the project and timeliness of draws within the specified dates. 4. Grant Amount The total amount of this Grant is $ 82,550.00. HRP Program Grant -Round 3 NOFA Date: 10/02/13 Rev. Date: 8/15/14 Prep Date: 8/20/14 7 of 12 December 2, 2014 Item # \. ~ EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS HRP Program Grant City of Poway 14-HRPP-9238 Page 1 of 2 1. Allowable Uses of Grant Funds A. Grant funds shall only be used for projects approved by the State that involve the construction, rehabilitation, and/or acquisition of capital assets as defined by the California Government Code, Section 16727(a) that benefit the community within the Contractor's jurisdiction and as further set out in Section 108 of the Guidelines. Capital assets include tangible physical property with an expected useful life of fifteen (15) years or more, equipment with an expected useful life of two (2) years or more, or major maintenance, reconstruction, or demolition for purposes of reconstruction and/or retrofitting work. B. Incidental expenses shall not be paid by Grant funps unless they are directly related to the construction or acquisition of an eligible capital asset. Such expenses include costs associated with planning, engineering, construction management, environmental impact reports, appraisals, site acquisitions, or necessary easements. C. Grant funds shall not be expended for the administrative costs of persons directly employed by the Contractor or for other "soft" costs that are not directly related to the construction, rehabilitation or acquisition of capital assets. 2. Perfonnance Contractor shall take such actions, pay such expenses and do all things necessary to complete the Work specified in Exhibit A in accordance with the schedule for.completion set forth therein and within the terms and conditions of this Agreement. 3. Fiscal Administration A. Term: The effective date of this Agreement is the date upon which it is executed by the State (the date stamped in the lower right portion of the Standard Agreement (Std. 213) through September 30, 2016. All funds must b~ requested by t!:Je Contractor by April 30, 2016 and expended by June 30, 2016. This Agreement shall'terminate September 30, 2016. B. The Contractor shall make any and all request(s) for disbursement no earlier than ninety (90) days from the anticipated need for the funds, using the forms provided by the State. The forms will be made available at http://www.hcd.ca.gov/hpd/hrpp. The Contractor shall expend the funds within 90 days from the date of receipt from the State, or by June 30, 2016, whichever occurs earlier and subsequent supporting documentation shall be submitted to the Department. C. Failure to expend contract funds in a timely manner may affect future funding. HRP Program Grant-Round 3 NOFA Date: 10/02/13 Rev. Date: 8/15/14 Prep Date: 8/20/14 8 of 12 December 2, 2014 Item# 11. EXHIBIT B City of Poway 14-HRPP-9238 Page 2~of 2 D. A separate checking account for the Grant funds is not required. However, the Contractor shall deposit Grant funds in an interest bearing checking or savings account, or the State may require the Contractor to deposit all Grant funds !·into a segregated account in an institution whose deposits are insured by the federal or state government. All interest earned from the deposit of Grant funds shall be used for allowable, Program purposes and accounted for to the State. All funds not expended within 90 days of receipt, or by June 30, 2016, as applicable, shall be returned to the State with accrued interest. E. The Contractor shall make a good faith effort to minimize the number of disbursement requests to the State by anticipating and requesting in advance the maximum amount of funds that can be expended within the (ninety) 90 day time frame. F. The Contractor shall inform the State within a reasonable amount of time in the event that expenditures related to an authorized project(s) are less than the total Grant award. The Contractor may expend the balance of Grant funds on additional capital assets projects, upon written State approval. Contractor shall provide the State with a letter of request that describes the additional project(s) to be funded. G. The Contractor shall immediately inform the State, no later than December 31, 2015, if the Contractor anticipates it will not be able to expend all Grant funds by June 30, 2016. H. The Contractor is responsible for maintaining records which fully disclose the activities funded by the Grant. Adequate documentation of each transaction shall be maintained to permit the determination, through an audit if requested by the State, of the accuracy of the records and the allowability of expenditures charged to Grant funds. If the allowability of expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed, and the State shall determine the reimbursement method for the amount disallowed. The State's determination of the allowability of any expense shall be final, absent fraud, mistake or'arbitrariness. I. Any Grant funds remaining unexpended as of June 30, 2016, must be returned to the State with accrued interest. Checks shall be made payable to the Department of Housing and Community Development (HCD) and shall be mailed to the Department at the address below, no later than July 31, 2016. Department of Housing and Community Development Accounting Division. 2020 W. El Camino Ave. P.O. Box 952050 Sacramento, California 94252-2050 HRP Program Grant-Round 3 NOFA Date: 10/02/13 Rev. Date: 8/15/14 Prep Date: 8/20/14 9 of 12 December 2, 2014 Item # U EXHIBIT D HRP PROGRAM GENERAL TERMS AND CONDITIONS HRP Program Grant City of Poway 14-HRPP-9238 Page 1 of 2 1. Report Requirements During the term of this Agreement, the Contractor shall submit the following reports by the deadlines specified, or as otherwise required at the discretion of the State: A. The Contractor shall submit annual reports to the State thirty (30) days after December 31 51 of each year ("Annual Report"), during the term of this Agreement for as long as the .contractor has not expended all Grant funds. The Annual Report shall contain (1) the progress the Contractor has made in completing the ~pproved projects partially or wholly funded by. the Grant, including a description of the community benefit; (2) the amount of Grant funds drawn down and expended to date by the Contractor; and (3) a description of projects completed: The Cq~tractor sJ')CIII use the. forms provided by the State made available at .hfib:/www:'hcd.ca:~dv/hpd/hro{t and, · ... B. Upon complete expenditure of the Grant funds, the Contractor shall submit a final report in a manner satisfactory to the State ("Final Report"). The Final Report shall be' submitted to the State within 60 days of June 30, 2016, the date all funds must be expended. The Final· Report shall contain (1) a description of the final capital assets constructed or purchased with the Grant funds; and, (2) the number of certificates of occupancy issued in relation to the number of building permits issued in the program yee~r. The Contractor shall .u~e the forms provided by the State made available at ~ttp~//\\fW.W;hcd.ca,:gov/~'J;)d/htp'p\ 2. State Contract Coordinator The state contract coordinator of this Agreement for the Department is the HRP Program Manager, Division of Housing Policy Development, or the Manager's designee ("State Contract Coordinator"). Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed first class to the State Contract Coordinator at the following address: Department of Housing and Community Development Division of Housing PoliGY D~velopment 2020 W. El Camino Ave, P.O. Box 95250 Sacramento, California 94252-2050 Attention: HRP Program Manager 3. Audit/Retention and Inspection of: Records Contractor agrees that the Department or its delegatee will have the right to review, obtain, and copy all records pertaining to performance of this Agreement. Contractor agrees to provide the Department or its delegatee with any relevant information requested and shall permit the Department or its delegatee access to its premises; upon reasonable notice, during normal HRP Program Grant-Round 3 NOFA Date: 10/02/13 Rev. Date: 8/15/14 Prep Date: 8/20/14 10 of 12 December 2, 2014 Item# .L1 EXHIBIT D City of Poway 14-HRPP-9238 Page 2 of 2 · business ~ours for the purpose. of interviewing employees and inspecting. and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the California Public Contract Code Section 10115 et seq., the California Government Code Section 8546.7 and Title 2, California Code of Regulations, Section 1896.60 et seq. Contractor further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. Contractor shall comply with the caveats and be pware "of the penalties for violations of fraud and for obstruction of investigation as set forth in the California Public.Contract Code Section 10115.10. ~ Spec~ICond~ons 5. The State reserves the right to add any special conditions to this Agreement it deems necessary to assure that the policy and goals of the Program are achieved. Prevailing Wages A. Where funds provided through this Agreement are used for construction work, or in support of construction work, Contractor shall ensure that the requirements of Chapter I (commencing with Section 1720) of Part 7 of the California Labor Code (pertaining to the payment of prevailing wages and administered by the Californi9 Department of Industrial Relations) are met. B. For the purpose of this requirement "construction work" includes, but is not limited to rehabilitation, alternation, demolition, installation or repair done under contract and paid for, in whole or in part, through this Agreement. All construction work shall be done through the use of a written contract, with the properly licensed building contractor incorporating these requirements (the "construction contractor"). Where the construction contract will be between the Coqtractor and a licensed building contractor the Contractor shall serve as the "awarding body" as that term is defined in the California Labor Code. Where the Contractor' will provide funds to a third party that will enter into the construction contract with a licensed building contractor, the third party shall serve as the "awarding body". Prior to any disbursement of funds, including but. not limited to release of any final retention payment, the State may require a certification from the awarding body that prevailing wages have been or will be paid. HRP Program Grant-Round 3 NOFA Date: 10/02/13 Rev. Date: 8/15/14 Prep Date: 8/20/14 11 of 12 December 2, 2014 Item# 1} EXHIBIT E City of Poway 14-HRPP-9238 Page 1 of 1 HRP PROGRAM SPECIAL TERMS AND CONDITIONS HRP Program Grant The following Special Terms and Conditions are applicable to this Agreement and shall control notwithstanding anything to the contrary herein: 1. No grant funds will be disbursed until the Department has been provided with and approves an acceptable updated resolution authorizing the exact grant award amount encumbered by this Standard Agreement. HRP Program Grant,.., Round 3 NOFA Date: 10/02113 Rev. Date: S/15/.14 Prep Date: 12 of 12 December 2, 2014 Item# .hl 1 of 7 City of Poway COUNCIL AGENDA REPORT APPROVED D APPROVED AS AMENDED 0 (SEE MINUTES) DENIED 0 REMOVED D DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: CONTINUED----- Resolution No. December 2, 2014 Honorable Mayor and Members of the City Council Honorable Chairman and Members of the Housing Authority Honorable Chairman and Members of the Successor Agency to the Poway Redevelopment Agency Daniel Singer, City Manager/Executive Director~..d. Scott Edwards, Director of Administrative Services~ Andrew White, Finance Manager t/1.,/ State Department of Finance Determination -Transfer of Smith Judgment Fund By this report, the City Council is asked to authorize a transfer of approximately $2.9 million from the Smith Judgment Fund (Smith Fund) to the Successor Agency Fund. The State Department of Finance (DOF) has directed the Smith Fund to be used to pay enforceable obligations of the former Redevelopment Agency. The City disagrees with this determination and has initiated litigation, City of Poway, et al. v. Cohen, et al., Superior Court for the County of Sacramento Case No. 34-2013-80001923. A transfer is requested at this time for cash flow purposes only. Since its determination, the DOF has partially withheld Redevelopment Property Tax Trust Funds (RPTTF) from the Successor Agency. The RPTTF would have been used to retire approved enforceable obligations, and it is now necessary to use the Smith Fund to meet all approved obligations on the Recognized Obligation Payment Schedule (ROPS) 14-15A, as well as future ROPS. This action ensures sufficient funding is available to complete the December 2014 debt service payment on the tax allocation bonds. Recommended Action: It is recommended the City Council authorize the transfer of the Smith Fund (Fund 429) to the Successor Agency Fund (Fund 720) for the payment of enforceable obligations. It is further recommended the transfer be authorized under protest of the State Department of Finance' actions and determinations concerning the Smith Fund. December 2, 2014 Item# \ ."\ 2 of 7 State Department of Finance Determination -Transfer of Smith Judgment Fund December 2, 2014 Page 2 Background: The Smith Fund was created in 1995 after the Smith Judgment was entered by the San Diego County Superior Court. The Judgment is related to an action challenging the 1993 amendment to the Redevelopment Plan for the Paguay Redevelopment Project Area, in which the City and former Redevelopment Agency (RDA) were named as defendants. The Smith Judgment required the RDA to allocate 2% of its gross tax increment funds (beginning in fiscal year 2000-2001 and through the life of the redevelopment project) for distribution to non-profit housing entities for specified housing uses including capacity building, predevelopment costs, and affordable housing outreach and education. In March 2011, the RDA transferred all rights, interests, and obligations under the Smith Judgment (including the Smith Fund) to the City as part of an Amended and Restated Cooperation Agreement. Since that time, the City has administered the Smith Fund pursuant to its obligations as a defendant in the Smith Judgment. The City has also fulfilled the RDA's obligations under the Smith Judgment as required by the Cooperation Agreement. In February 2012, the RDA was dissolved by operation of law. Prior to dissolution, the City elected to be the Successor Agency to the Poway Redevelopment Agency (Successor Agency), which is a legal entity existing separate and independent of the City. At the same time, the Poway Housing Authority (Housing Authority) was designated as the entity responsible for performing housing functions previously performed by the RDA. As required by Assembly Bill No. 26 and Assembly Bill No. 1484 (collectively "Dissolution Act"), the Successor Agency submitted two Due Diligence Reviews (DDR) to the DOF that reported funds available for distribution to taxing entities as well as all RDA assets transferred to the City between January 1, 2011 through June 30, 2012. This included the Smith Fund, with a balance of $2,846,518 as of January 15, 2013. The DOF's initial review of each DDR confirmed the Smith Fund is restricted by the terms of the Smith Judgment and is not available for distribution to other taxing entities. The DOF's review also directed the Smith Fund to be moved from the City to the Successor Agency for administration. The City disagreed with the determination to move the Smith Fund to the Successor Agency and sought to transfer the Smith Fund to the Housing Authority. The transfer was approved by City Council resolution and confirmed by Oversight Board resolution in August 2013. Upon review of the Oversight Board's action in August 2013, the DOF reversed its prior determination and directed the Smith Fund to be used to pay for approved ROPS obligations. The City utilized the Meet and Confer process to discuss the DOF's reversal and present its position. The City contended the Smith Judgment is an enforceable obligation and, based upon the restricted uses (i.e., housing) of the Smith Fund, it should be transferred to the Housing Authority for administration. The DOF disagreed with the City's position and has directed the Smith Fund to be used to pay for enforceable obligations, including the City's debt service on tax allocation bonds. The attached letter from the DOF, dated April 7, 2014, includes this determination. December 2, 2014 Item#\.~ 3 of7 State Department of Finance Determination-Transfer of Smith Judgment Fund December 2, 2014 Page 3 Findings The City continues to disagree with the DOF's determination and has initiated litigation, City of Poway, et al. v. Cohen, et al., Superior Court for the County of Sacramento Case No. 34-2013-80001923. Unfortunately, resolution will not occur prior to the City needing the Smith Fund for retiring enforceable obligations. Up until this point, the Successor Agency has been able to pay all approved ROPS obligations without use of the Smith Fund. Due to the DOF partially withholding RPTTF, the City anticipates the Smith Fund must be used as early as December 2014 to cover debt service on the tax allocation bonds. Accordingly, in order to pay all approved obligations listed on ROPS 14-15A as well as future ROPS, the Smith Fund must be transferred to the Successor Agency at this time. It is recommended the transfer be completed under protest of the DOF's actions and determinations. Fiscal Impact: If approved, the Smith Fund (Fund 429) will be transferred to the Successor Agency Fund (Fund 720) for the payment of enforceable obligations on the Recognized Obligation Payment Schedule, as required by the State Department of Finance. Environmental Review: This item is not subject to environmental review. Public Notification: None. Attachment: A. State Department of Finance Letter, Dated April 7, 2014 December 2, 2014 Item # \. ~ 4 of7 April 7, 2014 Mr. Andrew White, Finance Manager City of Poway 13325 Civic Center Drive Poway, CA 92064 Dear Mr. White: Subject: Recognized Obligation Payment Schedule Pursuant to Health and Safety Code (HSC) section 34177 (m), the City of Poway Successor Agency (Agency) submitted a Recognized Obligation Payment Schedule (ROPS 14-15A) to the California Department of Finance (Finance) on February 28, 2014 for the period of July through December 2014. Finance has completed its review of your ROPS 14-15A, which may have included obtaining clarification for various items. HSC section 34171 (d) defines enforceable obligations. Based on a sample of line items reviewed and application of the law, the following do not qualify as enforceable obligations for the reasons specified: • Item Nos. 42 and 247-Contracts for Legal Services totaling $20,000. Although enforceable, the types of services requested totaling $20,000 are considered general administrative costs and have been reclassified. • Item No. 14-Judgment Case No. 667691 in the total amount of $13,804,600. Previously, the Agency was required to set aside funds to be used on types of projects listed within the judgment. The judgment states the Agency is to set aside the funds for the life of the redevelopment project. However, with the passing of ABx1 26 and AB 1484, the Agency is no longer allowed to enter into contracts pursuant to HSC section 34177.3 (b). Since there are no current projects specified or in progress that obligate the Agency, there is no enforceable obligation tied to this judgment. Therefore, this item is not an enforceable obligation and not eligible for funding. During our review, which may have included obtaining financial records, Finance determined the Agency possesses funds that should be used prior to requesting Redevelopment Property Tax Trust Funds (RPTTF). Pursuant to HSC section 34177 (I) ( 1) (E), RPTTF may be used as a funding source, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. The Agency provided financial records that displayed unused funds in the amount of $2,246,712 that had been retained in the All Other Funds and Accounts Due Diligence Review. Attachment A December 2, 2014 Item#\." 5 of7 Mr. Andrew White April 7, 2014 Page 2 Therefore, with the Agency's concurrence, the funding source for the following item has been partially reclassified to Reserve Balances in the amount specified below: Item No.2-2001 Tax Allocation Bonds in the amount of $2,246,712. The Agency requests $2,838,282 of RPTTF; however Finance is reclassifying $2,246,712 to Reserve Balances. This item is an enforceable obligation for the ROPS 14-15A period. However, the obligation does not require payment from property tax revenues and the Agency has $2,246,712 in available Reserve Balances. Therefore, Finance is approving RPTTF in the amount of $591 ,570 and the use of Reserve Balances in the amount of $2,246,172 totaling $2,838,282. During the review of Oversight Board Resolution No. OSB 13-003 Finance identified $2,846,518 plus accrued interest in available funds that should be used to offset the need for RPTTF. In Finance's December 5, 2013 letter, the Agency was directed to request these settlement funds prior to requesting RPTTF on the ROPS. Therefore, the funding source for the following items has been reclassified to Other Funds in the amount specified below: • Item No. 3-2003 Tax Allocation Bonds in the amount of $2,661,475. The Agency requested $2,661,475 of RPTTF; however, Finance is reclassifying $2,661,475 to Other Funds. This item is an enforceable obligation for the ROPS 14-15A period. However, the obligation does not require payment from property tax revenues and the Agency has $2,661,475 in available Other Funds. Therefore, Finance is approving the use of Other Funds in the amount of $2,661,475. • Item 4-2007 Tax Allocation Refunding Bonds in the amount of $185,043. The Agency requested $603,079 of RPTTF; however, Finance is reclassifying $185,043 to Other Funds. This item is an enforceableobligation for the ROPS 14-15A period. However, the obligation does not require payment from property tax revenues and the Agency has $185,043 ($2,846,518-$2,661 ,475) in available Other Funds. Therefore, Finance is approving RPTTF in the amount of $418,036 and the use of Other Funds in the amount of $185,043 totaling $603,079. Any accrued interest earned on the settlement funds should be accounted for In the Agency's ROPS 14-15B report of cash balances and used to fund obligations prior to requesting RPTTF. Pursuant to HSC section 34186 (a), successor agencies were required to report on the ROPS 14-15A form the estimated obligations and actual payments (prior period adjustments) associated with the July through December 2013 period. HSC section 34186 (a) also specifies prior period adjustments self-reported by successor agencies are subject to audit by the county auditor-controller (CAC) and the State Controller. The amount of RPTTF approved in the table below includes the prior period adjustment resulting from the CAC's audit of the Agency's self- reported prior period adjustment. The amount of RPTTF approved in the table on the next page includes excess prior period adjustment (PPA) of$ 2,378,340. The current approved RPTTF is insufficient to allow for the PPA of$ 3,973,978 to be fully expended during this ROPS period. The Agency should apply the remaining funds prior to requesting RPTTF on future ROPS. Attachment A December 2, 2014 Item# \.'1 6 of7 Mr; An'drew\iVnite:·: April?, 2014 Page 3 E~c::ept for the items denied in,.whole or in part §iS enforceable obligations or for the items that have bee,n reClassified, Finailc.e is not objecting to the.remaining it~ms listed on yow ROPS 14- 15A ·If ybu.:disagree with the,aetermination with respecrto any items on yoUr ROPS 1*1'5A, yo~ may r:equest a Meet c:md Gpnfer within•fiye b~sjnes~ days of thE) date ofthis letter: The Me.etand .Confer process and guidelines are available at Finance's website below: http://www.dof.ca;gov/redeVelopment!meet and confer/ The Agericy'.s maximum appr6vea RPTTF distribUtion forthe reporting period is zero as summariz.ecj below: · Approved RPTTF l)i~rib.ution For the.:period of.Julythrough December 2014 Total RPTTF requested for non-administrative obligations 6;873.326. Total RPTTF requested Jar administrative obligations 281 200 ,I., , Total RPTTF requested for obligations $ "1i154,'526' Total RPTTF re.qllested for non-administrative obligations 6,873,326 Denied Item Item No. 14 (423.;2!:)8) Reclassified Items Item No. 42 (10.000) Item No. 247 (1.0,000) (20;000) Total RPTTF for•non-administrative obligations 6,430,068 Cash Balances ~ Item reclassified to other funding sources ltemNo. 2 (2.246, 712) Item No.3 (2,661,475) ltem.No. 4 (185,043) (5,093',230) Total RPTTF•au~horized for non.adminlstrative obligations I $ 1,336,838 Total RPTTF requested for administrative obligations 281,200 Reclassified Items ltemNo. 42 10;000 ltemNo. 247 10;000 20;000 Administrative costs in excess ofthe. cap (see Adrnin Cost Cap table below) (51,200) Total RPTTF authorized for administrative obligations I $ 250,000 Total RPTTF authorized for obligations I $ 1,,586,838 ROPS 13-14A PPA (3,973..978) Excess PPA 2;378,340 Total RPTTF approved for distrib,lltion I 0 Attachment A December 2, 2014 Item#\.~ Mr. Andrew White April 7, 2014 Page 4 Administrative Cost Cap Calculation Total RPTTFfornon-administrative obligations 6,430,068 Percent alloWed pursuant to HSC section 34171 (b) 3% TotaiRPTTF allowable for administrative obligations $ 192;902 The greater of 3% or $250,000 L 250i000 Total RPTTF administrative obligations· after Financeadjustments 301,200 Administrative costs in excess ofthe cap j$ (5.1,200) Please refer to the ROPS 14'-15A schedule that was used to calculate the approved RPTTF amount: http://www.dof.ca;gov/redevelopment!ROPS Absent a Meet and Confer, this is Financ~'s final determination related to the enforceable obligations reported onyour R0Ps for July 1. through D.ecember 31, 2014. This det~rmination only applies to items where funding was requested for the six-month period. Finance:s determination is effective for this time period only and should not be conclusively relied upon for future periods. All items listed on a future ROPS are subjecttoa subsequent review and may be denied even if it was or was not denied on this ROPS.ora preceding ROPS. The only exception is for those items that have received a Final and Conclusive determination from Finance pursuant to HSC section 34177.5 (i). Finance's review ofitems that have received a Final and Conclusive determination is limited to confirming the scheduled payments as required by the obligation. The amountavailable from the RPTTF'is the same a·s the amount of'property tax increment that was available prior to enactment of ABx1 26 and AB 1484. This amountis not and never-was an unlimited funding source. Therefore, as a practical matter; the ability to· fund the items on the ROPS with property tax is limited to the amount of funding available to the successor agency in the RPTTF. To the extent proceeds from bonds issued after December.31, 2010 exist and are not encumbered by an enforceable obligation pursuant to HSC section 34171 (d), HSC seCtion 34191.4 (c) (2)(B) requires these proceeds be used to detease the bonds or to purchase those same outstanding bonds on the open marketfor car1eellation. Please directinquides to Wendy Griffe, Supervisor or JennyDeAngelis, Lead Analyst at (916) 445-1546. Sincerely, y~ / ~U~TYN HOWARD AssistantProgram Budget Manager 7 of7 cc: Ms~ Ashley Jones, Senior Management Analyst, City of Poway Mr. Jon Baker, Senior Auditor and Controller Manager, San Diego County California State Controller's Office Attachment A December 2, 2014 Item# \. ~ APPROVED 0 APPROVED AS AMENDED 0 City of Poway COUNCIL AGENDA REPORT (SEE MINUTES) DENIED 0- REMOVED 0 CONTINUED----- DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: RESOLUTION NO.---- December 2, 2014 Honorable Mayor and Members of the City Council Daniel Singer, City Manager !JW'-v) Robert J. Manis, Director of Development Serviceslvt Steve Crosby, City Engineer5G Steven E. Strapac, Senior Civil Engineer Approval of Parcel Map for Tentative Parcel Map 11-01; Bill Yen, Applicant. APN: 273-820-20 The Parcel Map for Tentative Parcel Map (TPM) 11-01 is ready for approval. This map creates two separate single-family residential parcels from one existing parcel located at 17055 Rock Road (Attachment A). Recommended Action: It is recommended that the City Council approve the Parcel Map for TPM 11-01 and direct its recordation. Background: The existing parcel is an infill property surrounded by existing single-family development. TPM 11-01 is the subdivision of one existing parcel totaling 0.63 acres, located at 17055 Rock Road, into two residential parcels (Attachment B). There is currently one existing home on the property. TPM 11-01 was approved on October 4, 2011, by City Council Resolution No. P-11-25 (Attachment C). The Parcel Map is now ready for approval. Findings: The site is developed with a single-family home. The existing residence would remain on Parcel 1 of this two-lot subdivision. Development of a single-family home on Parcel 2 is not proposed at this time. When development is proposed on Parcel 2, it will be subject to the processing and approval of a Minor Development Review Application (MORA). The Parcel Map has been reviewed and found to be technically correct, in compliance with State law and City ordinance, and in conformance with the approved Tentative Parcel Map and the conditions of approval. Fiscal Impact: None from this action. 1 of 14 December 2, 2014 Item# \,\0 2 of 14 TPM 11-01 December 2, 2014 Page 2 Environmental Review: The project is Categorically Exempt as a Class 15 Categorical Exemption from the California Environmental Quality Act (CEQA) pursuant to Section 15315 of the 2014 CEQA Guidelines, in that the project involves a minor land division within an urbanized area consistent with the General Plan and Zoning requirements. Public Notification: Yisroel & Devorah Goldstein, owners; and the project engineer, Bill Yen of Bill Yen and Associates, were mailed a notice of the public meeting. Attachments: A. Location Map B. Tentative Parcel Map 11-01 C. Resolution No. P-11-25 M:\engserv\Agenda Reports\ 14 Reports\Goldstein Map\report.docx December 2, 2014 Item# \.\0 0 125 250 500 ~~~---Feet 3 of 14 CITY OF POWAY Location Map Item: TPM 11-01 ol:loo 0 -~ ol:loo )> -i -i )> () ::I: :s: m z -i OJ 0 CD n CD 3 C"' CD .., N N 0 ~ ol:loo s- 3 ~ -. -0 CITY OF POWAY TENTATIVE PARCEL MAP 11-01 § ..: a i ----..;;;;-;;;r-1-- 1Cia 0 !Ia lOCI :IDO <loOQ .. _______ ..... I I ( ..... ) SCJ.l.LIIHtH-1001'[!1' 11\ ... lf.OUJID fl! 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""' ... ....,., &.Mil US£ 5IW.L tooi4FOIIM ftl 111:11-c ZDHII'G. _,INIIII1IJI PMCfl. 5111 IS I AII:IIC (fttl). IIIIDflcmotl ft Tl"'f flJW. aa.3N. THIS IS A SDL.M SUSJMSJCIN .:& tiaUUUl:l ft' ~0111 CII."' (NJ SVIDMSDI 01111...:::£. bCH PMI:8.. HAS Af LOI$T 100 tlli'T. CF lM.aSfi.IABD) l«eiS To '5UiftJCJHI' 0111 1M£ N.DML£ PORb:lll Of K fl.t.lltO.. Llf'IIII.£Sr. SDifJl.: CIT't fill' POWAT tM.tm= arr ov f'01rM' CAS 41: D.£CIRIC1 IAN D1U00 CAS • D.Et!RJ: tn..fPtiDIC(;: sac N£ MO'tU:rJON: em OF ~~G~R satOOUi:l fiiiDDI' wonm SCitOCIL E&n~rl' AS!IESSOII'$ ~ IIUYBDl: 1)'.)-IID-ZQ EARTHWORK DCAYAnDN: o4QQ C..'Y. DIINIDI:Wl)ll: 400 C:.T. TOPOGRAPHY tNFORMATION l'liPCCRIIPI(f ~ 8't MCIIOD lOW.. PHI21'0 "'IM.'rs Milt 1GtW. ltlaf'D GATED )-14-iiDtl. EXISTING EAsEMENTS Dllfl PUSUC un.trr IEASDIEXI' TQ SNt Q£1) Gl-s 8 nmRIC COIIPM"r f'IEA rpc a-tune •o:. 4.1CG/liiA OHMGT •t PL01'Tib 1)01:2 DPOI SPACf. EllJEStAIM~ t'JUIIl 1'0 Cll't aF' l'mD:t POl PM.r:tl. WIP 145'111 15 r/N 111-IOICZDI IEC. ri/M/111111. ~ ~ OfnR QF DCICAI'Iatf fOil ~'f TD OfT QF" PDWAT I"£Jt PMCD. liN" 14MI AS r/tt Dl-6011201 liD:. tZ/.Zi/1881 DDf4 ~ UN.ft'IB. GPO! $IIIIICl. ~!Snllollt ND PEDES'IIIIWI liU.IL ta r.J.. 5CHWT ~ICC:. P£A F/N II~UD liD:. '1'/18111 f"''''KISED asrw:am Aftt.A:. IUJI c PREPARED FOR: VISROEL l:lOUlSTEIN AND DEVORAH S. QOLOSTEIH 11d1.~ A.0aC ROAD PfY'*AY.CJIVZDJ.I I'HDfCt: (1t5.,.UJ.045S fAX: C,IJI.fti7l-1Ct9 PRePAREO B"t': S8b~<l::tc!,E!':.~!~~~~~~~ ~ tJIJII'OW .. 'I'"I"Q.I'C*AY.CA•,_....I• 0 tfJJtlJ ... I .. •J"'II:II~'"".IDU iiliLWiii TDt. RCE .nno D.\ll: W011C1 RESOLUTION NO. P-11-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 11-01 ASSESSOR'S PARCEL NUMBER 273-820-20 WHEREAS, a request for a Tentative Parcel Map (TPM 11-01) to subdivide a 2. 3-acre property located at 17055 Rock Road, in the Rural Residential C zone, into two residential lots was submitted by Yisroel and Devorah Goldstein, Applicant; and WHEREAS, on October 4, 2011, the City Council held a public hearing on the above- referenced item; and WHEREAS, the City Council has read and considered the agenda report for the proposed project, and has considered other evidence presented at the public hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The project is found to be Categorically Exempt from the California Quality Act (CEQA), as a Class 15, to Section 15315 of the 2011 CEQA Guidelines, in that the project involves a minor land division within an urbanized area consistent with the General Plan and Zoning requirements. Section 2: The findings, in accordance with the State Subdivision Map Act (Government Code Section 66410 et. seq.) for Tentative Parcel Map 11-01, are made as follows: A. The Tentative Parcel Map is consistent with the General Plan, in that it proposes to create two residential lots at a density consistent with the General Plan and Poway Municipal Code (PMC) Sections 17.08.160 and 17.08.170 designations. B. The design and improvements required of the Tentative Parcel Map are consistent with the General Plan, in that the approved lot sizes and configurations adhere to the development standards of the General Plan and Poway Municipal Code. C. The site is physically suitable for the type of development and the density proposed, in that the site is large enough to provide two lots and is compatible and in character with development in the vicinity. D. The design of the Tentative Parcel Map is not likely to cause substantial environmental damage and avoidable injury to humans and wildlife or their habitat, in that the subdivision will not result in removal of habitat. E. The approval is not likely to cause serious public health problems in that City water service is available to the site. F. The design of the Tentative Parcel Map will not conflict with any easement by the public at large, now of record, for access through or use of the property within the 5 of 14 ATTACHMENT C December 2, 2014 Item# I.\ 0 Resolution No. P-11-25 Page 2 subdivision in that the development of a single-family residence on the proposed new lot can be accommodated without obstructing or otherwise impacting existing easements. Section 3: The findings, in accordance with Government Code Section 66020 for the public improvements, are made as follows: A. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, ·because all necessary services and facilities will be available to serve the project. The construction of public improvements is needed as a result of the proposed development to protect the public health, safety, and welfare as identified below: 1. Water and sewer line improvements from the existing lines in Rock Road will be constructed to serve the development. 2. Onsite drainage improvements will be constructed on Parcel 2 to handle the surface water runoff. 3. Traffic mitigation fees will be paid. 4. Trail dedication and improvements will be completed along the segment of trail on Parcels 1 and 2. Section 4: The City Council hereby approves Tentative Parcel Map 11-01, to allow the subdivision of a 2.3-acre property into two lots, as shown on the Tentative Parcel Map, subject to the following conditions: A. Approval of this request shall not waive compliance with any section of the Zoning Ordinance or other applicable City Ordinance in effect at the time of Building Permit issuance. B. C. D. E. 6 of 14 This approval is based on the existing site conditions represented on the Tentative Parcel Map. If actual conditions vary from representations, the map must be changed to reflect the actual conditions. Any substantial changes to the approved Tentative Parcel Map, prior to Parcel Map approval, must be approved by the Director of Development Services and may require approval of the City Council. The developer is required to comply with the Poway Noise Ordinance (PMC Section 8.08) requirements that govern construction activity and noise levels. Within 30 days of this approval, the applicant shall submit in writing that all conditions of approval have been read and understood. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, December 2, 2014 Item#\ ,\0 Resolution No. P-11-25 Page 3 or costs, including attorney's fees, against the City or its agents, officers, or employees, .relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation-related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. F. A Minor Development Review Application shall be approved prior for a new house and site design on Parcel 2; including, but not limited to, grading, site plan and building elevations, incorporating all conditions of approval, through the Planning Division. G. Prior to Parcel Map approval, unless other timing is indicated, the following conditions shall be complied with. 7 of 14 (Engineering) 1. Following project approval, the applicant shall schedule with the City Project Planner and the City Project Engineer a post-approval meeting to discuss the project conditions of approval, timing of design and construction, and implementation of the project conditions. The meeting shall be scheduled within thirty days of project approval and prior to any plan submittals. The applicant should include their project design team, including project architect, design engineer and landscape architect. 2. 3. The applicant shall include provisions in the design contract with their design consultants that, following acceptance by the City, all construction drawings or technical reports accepted by the City, exclusive of architectural building plans, shall become the property of the City. Once accepted, these plans may be freely used, copied or distributed by the City to the public or other agencies as the City may deem appropriate. An acknowledgement of this requirement from the design consultant shall be included on all construction drawings at the time of plan submittal. A new/revised trail easement is to be dedicated to the City of Poway on the Parcel Map to the satisfaction of the City Engineer. Trail improvements are to be completed in accordance with the City of Poway Trail Standards and Specifications to the satisfaction of the Public Works Department, as follows: December 2, 2014 Item # 1.1 0 Resolution No. P-11-25 Page 4 1. The southerly portion of the trail shall be improved from the southwest corner of the property, extending approximately 150 feet along the east side of the existing driveway; at the 150 foot mark, the trail shall cross over the driveway and re-connect to the existing improved northerly portion of the trail as shown on the approved Tentative Parcel Map. ii. Trail improvements shall be consistent with the following requirements: • Approximately 150 feet of trail fencing is required, adjacent to the existing driveway, matching the trail fencing located offsite to the south. • The existing native soil is sufficient for the improved trail surface, with no import being required, with a 2% finished slope towards the driveway. 4. Private utility service and access easements are to be reserved on the final map. 5. The existing septic system for the developed lot is to be taken out of service and connection to City sewer shall be completed. ' 6. A deed covenant is to be recorded to ensure that the cost of maintaining a private shared sewer pump station and force main is shared between the two lots. 7. Applicant shall enter into a Standard Agreement to insure setting of monuments. The applicant will be responsible for posting securities for monumentation. 8. Applicant shall enter into a Private Street Maintenance Agreement for all private roads that service the property. The form and content Shflll be in a form satisfactory to the City Attorney. 9. A photo mylar copy of the map shall be provided to the City within 3 months of its recordation or prior to Building Permit issuance, whichever comes first. A cash deposit to the City, in an amount equivalent to $100.00 per sheet of the parcel map, for the photo Mylar reproduction of the recorded tract map shall be posted. H. Prior to Grading Permit issuance, unless other timing is indicated, the following conditions shall be complied with: 8 of 14 (Engineering) 1. Applicant shall incorporate Low Impact Development (LID) design features into the site development. These shall be clearly shown and identified on the site plan and be appropriately sized for the proposed level of development. Submit a grading plan for the development of the lots, in accordance with the December 2, 2014 Item# \.\0 9 of 14 Resolution No. P-11-25 Page 5 submittal and content requirements listed in the Poway Municipal Code. Submittal shall be made to the Department of Development Services Engineering Division for review and approval. The grading design shall be 100% complete at the time of submittal. Incomplete submittals will not be accepted. All technical studies as required by the Municipal Code shall be provided with the preliminary submittal. 2. The project shall comply with all requirements of the SUSMP chapter of the Poway Municipal Code as applicable. 3. Grading securities in the form of a performance bond and a cash deposit, or a letter of credit shall be posted with the City prior to grading plan approval. A minimum cash security of $2,000 is required in all instances. 4. Construction staking is to be installed and inspected by the Engineering Inspector prior to any clearing, grubbing or grading. As a minimum, all protected areas as shown on the 'approved grading plans are to be staked under the direction of a licensed land surveyor or licensed civil engineer and delineated with lathe and ribbon. As applicable, provide two copies of a written certification, signed and sealed in accordance with the Business and Professions Code, by the engineer of record stating that all protected areas have been staked in accordance with the approved plans. 5. Following approval of the grading plans, posting of securities and fees, and receipt of three copies of the approved plans, the applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer. (Planning) 6. This approval does not include the development (grading and/or construction) of a future single-family residence on Parcel 2. A Minor Development Review Application (MORA) needs to be submitted and approved prior to issuance of a Grading Permit for residential development on Parcel 2. 7. To avoid potential impacts to the California Gnatcatcher and Coastal Sage Scrub (CSS), in accordance with Condition H of the Poway HCP Incidental Take Permit, a take of active California Gnatcatchers nests, which includes harassment of the bird due to grading noise and vibrations from February 15 through July 1, is not permitted. Therefore, grading during this time frame will only be permitted subject to the following conditions having been met to the satisfaction of the Director of Development Services: a. If grading or clearing is to occur between February 15 and July 1, the applicant shall provide to the Planning Division a letter from a qualified biologist (retained by the applicant) that outlines a scope of work for a December 2, 2014 Item# \. t 0 b. c. d. e. f. 10 of 14 Resolution No. P-11-25 Page 6 Gnatcatcher survey and a map for the area to be cleared and/or graded, and CSS habitat areas within 500 feet of such area. The biologist shall contact the USFWS to determine the appropriate Gnatcatcher survey methodology. The purpose of the survey is to determine if any active Gnatcatcher nests are located in the area to be cleared or graded,· or in CSS habitat within 500 feet of such area. To be considered qualified, the biologist must provide the City with a copy of a valid Gnatcatcher Recovery Permit from the USFWS. The scope of work shall explain the survey methodology for the Gnatcatcher survey and the proposed Gnatcatcher nest monitoring activities during the clearing/grading operation if a Gnatcatcher nest is located within 500 feet of areas to be graded. Should the report show, to the satisfaction of the Director of Development Services, that Gnatcatcher nests are not present within the area to be graded/ cleared, or within CSS ,habitat located within 500 feet of said area, approval may be granted to commence clearing/grading within the Gnatcatcher nesting season from February 15 through July 1. The applicant is hereby advised that, during grading, if active nests are found within 500 feet of the grading, the grading activity shall be stopped until such time as mitigation measures, to the satisfaction of the City and the USFWS, are implemented. There is no guarantee that grading will be allowed to resume. The biologist must attend the City's pre-construction meeting for the project and must be present onsite during all clearing/grading activities to monitor that the clearing/grading activities stay within the designated limits. If grading/clearing occurs between February 15 and July 1, the biologist shall also monitor and survey the habitat within the area to be cleared/graded, and any habitat within 500 feet of said area, on a weekly basis for any evidence that a Gnatcatcher nest(s) exists or is being built. Weekly monitoring summaries shall be submitted to the Planning Division. Should evidence of a Gnatcatcher nest(s) be discovered, the clearing/grading activities shall cease in that area and be directed away from the Gnatcatcher nest(s) to a location greater than 500 feet away from the nest(s). If clearing/grading is required to stop due to the presence of active nests, the applicant shall provide erosion control to the satisfaction of the City Engineer. This paragraph must be included as a note on the cover sheet of the clearing/grading plan. Upon completion of the clearing/grading activities, the applicant's biologist shall submit to the Director of Development Services a December 2, 2014 Item#\ . \0 Resolution No. P-11-25 Page 7 biological monitoring report summarizing the daily observations of the biologist, including whether any Gnatcatchers or evidence of active Gnatcatcher nests were present during clearing and grading activities within the area and any habitat within 500 feet of said area. g. The biologist shall provide the City with written confirmation that the limits of clearing/grading are in accordance with the project's Biological Technical Report. h. If the Survey reports that Gnatcatcher nests are present within the area to be graded/cleared, or within CSS habitat located within 500 feet of said area, no grading will be allowed during the Gnatcatcher nesting season until such time as mitigation measures, to the satisfaction of the City and the U.S. Fish and Wildlife Service, are implemented. 8. Pad elevations shall not increase by more than two feet in height from the elevations shown on the approved tentative map, unless otherwise approved by the City Council. I. Prior to Building Permit issuance for the future development of a home on Parcel 2, the applicant is required to comply with the following: 11 of 14 (Engineering) 1. The site shall be developed in accordance with the approved grading plans on file in the Development Services Department and the conditions contained herein. Grading of lots shall be in accordance with the Uniform Building Code, the City Grading Ordinance, the approved grading plan, the approved soils report, and grading practices acceptable to the City. 2. Erosion control, including, but not limited to, desiltation basins, shall be installed and maintained by the developer from October 1 to April 30. The developer shall maintain all erosion control devices throughout their intended life. 3. Applicant shall obtain a Grading Permit and complete rough grading of the site. The grading shall meet the approval of the Engineering Inspector and the project's geotechnical engineer. Following completion of rough grading, please submit the following: 4. a. Three copies of certification of line and grade for the lot, prepared by the engineer of work. b. Three copies of a soil compaction report for the lot, prepared by the project's geotechnical engineer. The certification and report are subject to review and approval by the City. Prior to start of any work within a City-held easement or right-of-way, a Right- of-Way Permit shall be obtained from the Engineering Division. All appropriate December 2, 2014 Item # \ • \O fees shall be paid prior to permit issuance. Resolution No. P-11-25 Page 8 5. An agreement for maintenance of the project's private sewer system shall be recorded. The form and content of the agreement shall be to the satisfaction of the City Attorney. 6. The applicant shall pay all applicable development impact fees in ·effect at time of permit issuance. The following is a current list of the anticipated fees due ' for each lot: Sewer (North Basin) Indirect Benefit .. Water (1" Meter) "Traffic .. Park "Fire Apparatus $6,470.00 $500.00 $3,026.00 $2,218.00 $4,562.00 $ 122.03 .. These fees are applicable to the undeveloped lot only. The 1" meter is required for fire protection purposes only. Therefore, the water meter fee and SDCWA fee are charged at the %" rate. The required fee to the San Diego County Water Authority is $4,326 for a %" meter. (Planning) 7. Applicable school fees in etfeet at the time of Building Permit issuance shall be paid. 8. The developer is advised that, pursuant to PMC 17.26.100 through 17 .26.300, single-family residential development shall provide that 15 percent of the units created shall be affordable to low-income households. The developer of for-sale housing may, in lieu of providing required inclusionary housing onsite or otfsite, pay an Affordable Housing In-Lieu Fee to the City in accordance with the provisions of the referenced Section prior to issuance of a Building Permit for Parcel 2. 9. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to the streets caused by construction activity from this project. J. Prior to Issuance of a Certificate of Occupancy the applicant is required to comply with the following: (Engineering} 1. All existing and proposed utilities or extension of utilities required to serve the 12 of 14 December 2, 2014 Item # \.\0 Resolution No. P-11-25 Page 9 project shall be installed underground. No extension of overhead utilities shall be permitted. 2. The drainage facilities, driveway, slope planting measures, and all utility services shall be installed and completed by the property owner, and inspected by the Engineering Inspector for approval. All new utility services shall be placed underground. 3. An adequate drainage system around the new building pad capable of handling and disposing all surface water shall be provided to the satisfaction of the Engineering Inspector. 4. The applicant shall repair, to the satisfaction of the City Engineer, any and all damages to the streets caused by construction activity from this project. 5. Trail improvements shall be reviewed and accepted by the City Public Works Department. · 6. Record drawings, signed by the engineer of work, shall be submitted to Development Services prior to a request of occupancy, per Section 16.52.1308 of the Grading Ordinance. Record drawings shall be submitted in a manner to allow the City adequate time for review and approval prior to issuance of occupancy and release of grading securities. At least three weeks priorto a request for occupancy is recommended. Section 5: The approval of Tentative Parcel Map 11-01 shall expire on October 4, 2013, at 5:00 p.m. The Parcel Map conforming to this conditionally approved Tentative Parcel Map shall be filed with the City so that the City may approve the Parcel Map before this approval expires, unless at least 90 days prior to the expiration of the Tentative Parcel Map, a request for a time extension is submitted to the Development Services Department and a time eXtension is subsequently granted by the City Council. Section 6: Pursuant to Government Code Section 66020, the 90~day approval period in which the applicant may protest the imposition of any fees, dedications, reservations, or exactions imposed pursuant to this approval shall begin on October 4, 2011. 13 of 14 December 2, 2014 Item# \ .1 i) Resolution No. P-11-25 Page 10 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway, State of California, at a regular meeting this 4th day of October 2011. ATIEST: STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) I, Linda A. Troyan, MMC, City Clerk of the City of Poway, do hereby certify, under penalty of perjury, that the foregoing Resolution No. P-11-25 was duly adopted by the City Council at a meeting of said City Council held on the 4th day of October 2011 and that it was so adopted by the following vote: AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON NOES: NONE ABSENT: NONE DISQUALIFIED: NONE --- 14 of 14 December 2, 2014 Item# \.10 · City of Poway COUNCil AGENDA REPORT APPROVED D APPROVED AS AMENDED 0 (SEE MINUTES) DENIED D REMOVED D DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: CONTINUED ________ __ Resolution No. December 2, 2014 Honorable Mayor and Members of the City Council Tina White, Assistant City Manager~ Sheila R. Cobian, City Clerk 'j:JQ/ 858-668-4535 or scobian@poway.org Second Reading and Adoption of Ordinance No.772 entitled, "An Ordinance of the City of Poway, California, Amending Sections 13.04.190 and 13.11.100 of the Poway Municipal Code relating to Temporary Water and Sewer Connections" The introduction and first reading of the above-entitled Ordinance was approved at a Regular City Council Meeting on November 18, 2014. All Councilmembers were present. There were no public speakers. The Ordinance is now presented for second reading and adoption by title only. Vote at first reading: Recommended Action: Adopt Ordinance No. 772. Fiscal Impact: None. Environmental Review: AYES: ABSENT: Cunningham, Vaus, Mullin, Grosch, Higginson None. Environmental review is not required according to CEQA guidelines. Public Notification: Summary of Ordinance to be published in Poway News Chieftain on Thursday, November 27, 2014. Attachment: A. Ordinance No. 772 1 of7 December 2, 2014 Item# 1.11 ORDINANCE NO. 772 AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA, AMENDING SECTIONS 13.04.190 AND 13.11.100 OF THE POWAY MUNICIPAL CODE RELATING TO TEMPORARY WATER AND SEWER CONNECTIONS WHEREAS, Sections 13.04.190 and 13.11.100 of the P,oway Municipal Code (PMC) were adopted to serve the public health, safety and welfare, relating to the installation of sewer laterals and water connections, respectively; and WHEREAS, on August 19, 2014, the City Council directed staff to amend the Municipal Code to allow administrative approval of temporary water connections; and WHEREAS, the City has historically processed applications for temporary sewer connections in the same manner as prescribed by the PMC for applications for temporary water connections; and WHEREAS, the proposed changes will allow for administrative approval of both temporary water and sewer connections; and WHEREAS, on November 18, 2014 the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS: Section 1: The City Council of the City of Poway finds that this project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the 2014 State CEQA Guidelines in that the proposal pertains to minor changes to Title 13 of the PMC regarding the process for temporary water and sewer connections and there is no possibility that this will have a significant effect on the environment. Section 2: Sections 13.04.190 and 13.11.100 of the Poway Municipal Code are hereby repealed. Section 3: Section 13.04.190 is hereby added to Title 13 of the Poway Municipal Code to read as follows: 13.04.190 Construction of sewer lateral. A. Obligation of Applicant. The expense of construction of the applicant's sewer line and the City's lateral from the property line to the City main or collection system, including, but not limited to, City permits, excavation, pipe, wyes, tees, backfill, surface 2 of7 Attachment A December 2, 2014 Item# 1.11. Ordinance No. 772 Page 2 restoration and construction of No. 3 cleanout box and property line cleanout is the responsibility of and shall be borne entirely by the applicant. B. General Rule. Sewer laterals shall be installed on a main fronting the parcel to be served. In the case of a parcel not fronting an existing main, the sewer lateral may be installed on an existing main that does not front the parcel if the City Engineer determines that the non-fronting main is the main from which the parcel should ultimately receive regular service, and provided that all necessary easements have been acquired. C. Temporary Service. In the case of a parcel not fronting an existing main, where the City Engineer has determined that the main from which the parcel should ultimately receive regular service does not currently exist but could be built in the future, an application for temporary service from an existing main not fronting the parcel may be approved at the discretion of the Director of Development Services. As a condition of receiving temporary service from a main not fronting the parcel, the owner of the parcel, in addition to payment of all fees and charges applicable to regular service, shall pay all fees associated with temporary service, and shall execute and acknowledge a recorded agreement providing for: 3 of7 1. Installation and maintenance of a pipeline and other required facilities from the temporary lateral connection to the owner's parcel and acquisition of any required easements, all at owner's expense; 2. Discontinuance of temporary service and application for regular service at an appropriate point closer to the owner's parcel upon installation of a main that the City Engineer determines is the main from which the parcel should ultimately receive regular service; 3. Payment by the owner of the entire cost of relocation and any applicable connection charges, including a pro rata share of the cost of installation of such main and any service area charge, the total of which shall not be less than the City's then-established connection fee and service area charge to others for such regular service; and 4. Such other matters as the City may reasonably require. December 2, 2014 Item # 1.11 Ordinance No. 772 Page 3 Section 4: Section 13.11.100 is hereby added to Title 13 of the Poway Municipal Code to read as follows: 13.11.100 Installation of service connections and meters. A. General Rule. Services and meters shall be installed on a main fronting the parcel to. be served. In the case of a parcel not fronting an existing main, the service and meter may be installed on an existing main that does not front the parcel if the City Engineer determines that the non-fronting main is the main from which the parcel should ultimately receive regular service, and provided that all necessary easements have been acquired. B. Temporary Service. In the case of a parcel not fronting an existing main, where the City Engineer has determined that the main from which the parcel should ultimately receive regular service does not currently exist but could be built in the future, an application for temporary service from an existing main not fronting the parcel may be approved at the discretion of the Director of Development Services. As a condition of receiving temporary service from a main not fronting the parcel, the owner of the parcel, in addition to payment of all fees and charges applicable to regular service, must execute and acknowledge a recorded agreement providing for: 1. Installation and maintenance of a pipeline and other required facilities from the temporary meter to the owner's parcel and acquisition of any required easements, all at owner's expense; 2. Discontinuance of temporary service and application for regular service at an appropriate point closer to the owner's parcel upon installation of a main that the City Engineer determines is the main from which the parcel should receive regular service; 3. Payment by the owner of the entire cost of relocation and any applicable connection charges, including a pro rata share of the cost of installation of such main and any service area charge, the total of which shall not be less than the City's then-established connection fee and service area charge to others for such regular service; and 4. Such other matters as the City may reasonably require. C. Location and Size. Upon receiving an application for any service connection, the City will furnish or authorize installation of a service connection, the size and location of which are within the City's sole discretion. The service connection will be installed from the main to the curb line or property line of the parcel that abuts on a street or other thoroughfare, or on a City right-of-way. 4 of7 December 2, 2014 Item# 1.11 Ordinance No. 772 Page 4 D. Separate Service Required. All separate parcels requiring City water service shall have separate service. E. Multiple Units. 1. Number of Services to Separate Premises. Separate premises will be supplied through separate service connections except as otherwise authorized by the City. 2. Service to Multiple Units. Separate houses, buildings, living, or business quarters on the same parcel or adjoining parcels, under single ownership, or management and control, may be served at the option of the City by either of the following methods: a. Through separate service to each or any unit; provided, that the pipeline · system to each service is independent of the others, and it is not interconnected. b. Through a single service to the entire premises. In the event of the sale or separation of management and control of a portion of property subsequent to application for water service, the portion sold or separated will no longer be considered as premises entitled to water from this service connection. F. Meters. 5 of 7 1. Water Service Required to Be Metered. All City water service is required to pass through a meter. It shall be unlawful for any person to use City water in any manner in which the water does not pass through a meter, or in circumstances where the meter is not functioning properly due to tampering or alteration. 2. Change in Location of Meters or Service Connections. Meters or service connections relocated for the convenience of the customer will be relocated at the customer's expense. Meters or service connections relocated to protect the City's property will be moved at City expense, except in the case of temporary service connections. 3. Changes in Size of Meter. a. Reductions. The City will approve a reduction in meter size only when the customer's water demand does not exceed the capacity of the reduced size meter. A reduction in meter size is subject to all applicable fee payments and credits in effect at the time of the reduction. December 2, 2014 Item# 1.11 Ordinance No. 772 Page 5 b. Increases. The City reserves the right and has the sole authority to replace any undersized meter with a larger meter when the customer's water demand exceeds the capacity of the existing meter, or based on a change in the customer's type of water use. The City's determination regarding appropriate meter size shall be based on American Water Works Association standards. Replacement of an undersized meter shall be at the customer's sole expense. Any increase in meter size shall be subject to full payment of all applicable fees and charges, including City capacity charges and San Diego County Water Authority connections fees, if any. Credit shall be given for any capacity or connection fees and charges previously paid. EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after the date of its passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names and members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a regular meeting of the City Council of the City of Poway held the 18th day of November 2014, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 2nd day of December 2014. Don Higginson, Mayor ATIEST: Sheila R. Cobian, CMC, City Clerk 6 of? December 2, 2014 Item # 1.11 STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO) Ordinance No. 772 Page 6 I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify that the foregoing Ordinance No. 772 was duly adopted by the City Council at a meeting of said City Council held on the 2nd day of December 2014, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 7 of7 Sheila R. Cobian, CMC, City Clerk City of Poway December 2, 2014 Item# 1.11 1 of 54 APPROVED 0 APPROVED AS AMENDED 0 City of Poway COUNCIL AGENDA REPORT (SEE MINUTES) DENIED 0 REMOVED 0 CONTINUED----- DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: RESOLUTION NO. ___ _ December 2, 2014 Honorable Mayor and Members of the City Council Daniel Singer, City Manager~~ bAA Robert J. Manis, Director of D~l91<ment Services rv \ Richard Whipple, City Planner~ Scott Nespor, Development Services Technician.S !ttJ Environmental Assessment, Conditional Use Permit 14-005, Minor Development Review Application 14-025, and Variance 14-009; The Paw Pad The applicant, Gunner Milo Inc., is requesting approval to establish an animal day care and kennel business on a developed commercial site located at 12255 Poway Road. The existing building would be used for an indoor kennel. New outdoor activity areas are proposed. The project includes a request for a Variance to exceed City noise standards. The site is located in the Community Business (CB) zone and the Poway Road Specific Plan area. Recommended Action: It is recommended that the City Council adopt the Negative Declaration (Attachment A) and approve Conditional Use Permit (CUP) 14-005, Minor Development Review Application (MORA) 14-025, and Variance (VAR) 14-009 subject to the attached Resolution (Attachment B). Background: The project site is currently developed with an approximate 5,400-square-foot building and includes paved areas for parking and circulation. The site has been previously occupied by a succession of vehicle sales and service businesses and other automotive-related uses, the first of which predates City of Poway incorporation. Currently no business is established on the site. The site is situated on the south side of Poway Road, east of Oak Knoll Road, between the Oak Knoll Plaza and the Poway Promenade. The eastern property line runs along a creek. Easterly portions of the site are located within Federal Emergency Management Agency (FEMA) designated floodway and floodplain. The location and zoning map is included as Attachment C. December 2, 2014 Item:# 3.1 2 of 54 Environmental Assessment, CUP 14-005, MORA 14-025, and VAR 14-009 December 2, 2014 Page 2 Findings: The new business, which will be known as The Paw Pad, will operate a day care and an overnight indoor kennel. Up to a total of 200 animals will be at the facility at any one time. The facility will primarily be used for dogs; however, a portion will be dedicated to cats. The day care proposes to operate between 6:30 am and 7:00 pm, Monday through Friday. Crate or cage-free overnight boarding will take place within the building for a maximum of 60 animals. The Paw Pad will also offer obedience training, grooming, photography, and wellness programs. The largest component of the business will be a dog day care facility. As such, the business will be busiest on weekdays. In addition to the overnight boarding, the project proposes to have promotional events on the weekends. The proposed day care hours, animal capacities, and other detailed activities of the facility are outlined in the operational statement that has been submitted with the CUP application and is included as Attachment D. In addition to occupying the existing building, the project will establish two outdoor activity areas: one in front of the building and the other in back of the building. These areas will be enclosed by a ten-foot-high cedar fence and covered by a cloth canopy. The fence will have two-foot-wide vertical lattice panels that will provide visual variation. The canopies will be beige canvas material and will not extend above the roofline of the building. The building's trim will be painted green. The existing paved surface within the outdoor activity areas will be covered with artificial turf. The parking lot will provide 21 parking spaces. The proposed site plan is attached as Attachment E. The north building elevation, which is along Poway Road, is included as Attachment F. Parking The Poway Municipal Code (PMC) does not have a parking requirement for animal day care and kennel businesses. In determining the needed parking for this business, staff considered the use of the PMC parking requirement for children's day care which would have a similar parking demand. The PMC parking requirement for day care is one space per 10 children plus provision of adequate drop areas. The site provides parking in compliance with this standard (i.e. 200 animals at one space per 10 is 20 parking spaces). Additionally The Paw Pad will provide a drop-off aisle in front of the facility by making some minor site improvements that are necessary to accommodate adequate drive aisle width. Storm Water Runoff The Paw Pad will provide Low Impact Development (LID) design features on the site and implement business practices to minimize polluted storm water runoff. The LID features and business practices are outlined in the operational statement. The operational statement indicates that solid pet wastes will be picked up regularly and the outdoor areas will be washed daily. The outdoor areas will be covered to minimize rainfall contact with animal wastes. The existing paving within the outdoor activity areas that will be surfaced with artificial turf will be perforated with bored holes to allow water (either from wash down activity or rain) to infiltrate into the ground. Additionally, a five- December 2, 2014 Item# 3.1 3 of 54 Environmental Assessment, CUP 14-005, MORA 14-025, and VAR 14-009 December 2, 2014 Page 3 foot swath of existing paving that runs roughly parallel to the easterly property line near the creek will be removed. This depressed area will be covered with mulch and provide another opportunity for storm water to infiltrate the ground instead of draining offsite. Odor Control The operational statement outlines the cleaning practices for the artificial turf in the outdoor activity areas not only to minimize polluted storm water runoff but for odor control. The turf areas will be sprayed daily alternatively with a water-based solution that contains either an enzymatic solution to neutralize urine and bacteria or bleach to control bacteria. Solid waste will be picked up frequently and put in bags. Trash pickup will be scheduled on a weekly basis. Floodway A small portion of the existing secondary building lies within the floodway. Expansion of the building area is not being proposed. Since building improvements will be interior, the City's Floodplain Management ordinance requires that the value of the improvements to the building cannot exceed 50% of the current value of the building. The proposed project meets this requirement. The dog run fence in the rear will be located outside of the floodway, but is allowed within the 1 00-Year Flood Plain. Noise Variance The CUP involves establishment of a dog kennel and day care business, which includes two outdoor daytime activity areas. One outdoor activity area is in the front of the site along Poway Road and one is located in the rear portion of the site. Some dogs will only stay during the day, others will be kept overnight. Accordingly, there will be noise associated with barking dogs both during the day and nighttime hours. A Noise Study was prepared for the project by Investigative Science and Engineering Inc. The study reports that noise during the nighttime hours, when up to 60 dogs could be kenneled indoors, will be between 43 and 48 decibels (dBA), and that noise during daytime hours, when up to 75 dogs will be using the outdoor activity areas, will be 65.1 dBA. The PMC has two separate noise standards applicable to the project. The noise standard contained in PMC 17.34.040 relates to the dog kennel use specifically and relates to the existing, ambient noise levels in the area. The PMC stipulates that noise associated with a kennel must be within the ambient noise levels for the area. The study determined the ambient noise level in the front portion of the site is between 44 and 82 dBA, and in the rear portion of the site to be between 44 to 68 dBA. Since the projected noise during the nighttime hours is between 43 to 48 dBA and the projected noise level during the daytime is 65.1 dBA, which are both within the ambient levels, the project complies with the ambient noise standard. The PMC stipulates another noise standard applicable to the project which is based on the project site's underlying Community Business (CB) zoning. The noise standard contained in PMC 8.08.040 stipulates that noise generated from any use in the CB zone December 2, 2014 Item# 3.1 4 of 54 Environmental Assessment, CUP 14-005, MORA 14-025, and VAR 14-009 December 2, 2014 Page 4 cannot be more than 55 dBA during nighttime hours and no more than 60 dBA during daytime hours. The study reported that nighttime noise would be between 43 and 48 dBA. The project complies with the nighttime standard for the CB zone. The study reported, however, that daytime noise associated with the outdoor activity areas would be 65.1, which is slightly more than 5 dBA over the daytime standard for the CB zone. PMC 8.08.220 contains a provision for variances to noise standards. The project involves a request for a variance pertaining to the exceedance of the 60 dBA daytime standard for the CB zone. The project site is located within a fully developed commercial area along a major commercial corridor. The projected noise is within the ambient levels in the area. It is also important to note that a similar dog kennel and day care business has operated for many years in the immediate vicinity without complaints and that there are minimal residential uses nearby that are more than 400 feet from the project site. For these reasons staff recommends approval of the Variance. Condition of Approval A Condition of Approval is recommended that the business comply with all stipulations included in the operational statement that was submitted with the CUP application. Public Comment As a result of the mailed public hearing notice conducted for the project, and as of the writing of this report, the City has received one piece of correspondence. The ·correspondence is included as Attachment G and is from a residential property owner located approximately 500 feet to the north of the project site. In the correspondence concerns are expressed regarding noise associated with barking dogs. Noise is discussed in detail in the section above. Environmental Review: As required under the California Environmental Quality Act (CEQA), an Environmental Initial Study (EIS) was completed for the project. The EIS indicates the project would have no, or a less than significant impact on the environment. It is recommended that a Negative Declaration (NO) be approved. The EIS and NO are included in the Resolution provided as Attachment A. Notice of the availability of the EIS and proposed NO for public review and comment was provided pursuant to the requirements of CEQA. Fiscal Impact: None. Public Notification: A public notice was published in the Poway News Chieftain and mailed to property owners and occupants within a 500-foot radius of the site. December 2, 2014 Item# 3.1 5 of 54 Environmental Assessment, CUP 14-005, MORA 14-025, and VAR 14-009 December 2, 2014 Page 5 Attachments: A. Resolution Adopting the NO (including the EIS) B. Resolution Approving CUP 14-005, MORA 14-025, and VAR 14-009 C. Zoning and Location Map D. Operational Statement E. Site Plan F. Poway Road Elevations G. Correspondence December 2, 2014 Item# 3.1 RESOLUTION NO. P-14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA ADOPTING A NEGATIVE DECLARATION FOR CONDITIONAL USE PERMIT 14-005, MINOR DEVELOPMENT REVIEW APPLICATION 14-025, AND VARIANCE 14-009 WHEREAS, the City Council considered Conditional Use Permit (CUP) 14-005, Minor Development Review Application (MORA) 14-025, and Variance (VAR) 14-009; a request to allow The Paw Pad to operate an animal day care and overnight kennel at 12255 Poway Road; and WHEREAS, on December 2, 2014, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Poway as follows: Section 1: In accordance with the requirements of the California Environmental Quality Act (CEQA) an Environmental Initial Study (EIS) and a proposed Negative Declaration (NO) have been prepared for CUP 14-005, MORA 14-025, and VAR 14-009. The City Council has considered the EIS and NO, and public comments received on the EIS and ND. The subject EIS and NO documentation are fully incorporated herein by this reference. The City Council finds, on the basis of the whole record before it, that there is no substantial evidence the project will have a significant impact on the environment. The City Council hereby adopts the ND attached to this· Resolution as Exhibit A. PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 2nd day of December, 2014. Don Higginson, Mayor ATTEST: Sheila R. Cobian, CMC, City Clerk 6 of 54 ATTACHMENT A December 2, 2014 Item# 3.1 7 of 54 STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) Resolution No. P-14- Page 2 I, Sheila R. Cobian, City Clerk, of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. P-14-was duly ·adopted by the City Council at a meeting of said City Council held on the 2nd day of December 2014, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: Sheila R. Cobian, CMC, City Clerk City of Poway December 2, 2014 Item# 3.1 DON HIGGINSON, Mayor DAVE GROSCH, Deputy Mayor CITY OF POWAY JIM CUNNINGHAM, Councilmember JOHN MULLIN, Councilrnember STEVE V AUS, Councilmember Exhibit A 8 of 54 CITY OF POWAY NEGATIVE DECLARATION 1. Name and Address of Applicant: Gunner Milo Inc. PO Box 60506 San Diego, CA 92166 2. Project Name and Brief Description of Project: Environmental Assessment, Conditional Use Permit (CUP) 14-005, Minor Development Review Application (MORA) 14-025, and Variance (VAR) 14-009; Morningstar Real Estate Services, Applicant: A request for approval to establish an animal kennel and day care business, which includes a request for a Variance to , City noise standards, on a developed commer.ical site located at 12255 Poway Road, in the Community Business zone. 3. In accordance with Resolution 83-084 of the City of Poway, implementing the California Environmental Quality Act of 1970, the City of Poway City Council has found that the above · project will not have a significant effect upon the environment and has approved a Negative Declaration. An Environmental Impact Report will not be required. 4. This Negative Declaration is comprised of this form along with the Environmental Initial Study that includes the Initial Study and Checklist for this project. 5. The decision of the City Council of the City of Poway is final. Contact Person: Scott Nespor Phone: (858) 668-4656 Approved by: Date: December 2, 2014 Robert J. Manis Director of Development Services Attachments: Environmental Initial Study City Hall Located at 13325 Civic Center Drive Mailing Address: P.O. Box 789, Poway, California 92074-0789 www.poway.org December 2, 2014 Item# 3.1 CITY OF POWAY ENVIRONMENTAl INITIAl STUDY AND CHECKLIST A. INTRODUCTION This Environmental Initial Study and Checklist, along with information contained in the public record, comprise the environmental documentation for the proposed project as described below pursuant to the requirements of the California Environmental Quality Act (CEQA). Based upon the information contained herein and in the public record, the City of Poway has prepared a Negative Declaration for the proposed project. B. PROJECT INFORMATION 1. Project Title: Conditional Use Permit (CUP) 14-005, Minor Development Review Application (MDRA) 14-025, and Variance (VAR) 14-009 2. Lead Agency Name and Address: ---=C=itv......,.o~f .:....P..:::.ow=ayLJ'-=D:::..;e::...:v"""e""'lo:..cp""'m:...:..;e::..:.n.:..:.t..:::S"""e;.:.,rv:::..:.ic=e=s=------- 13325 Civic Center Drive. Poway. CA 92064 3. Contact Person and Phone Number: Jason Martin. Senior Planner. (858) 668-4658 4. Project Location: ..:..1 =22=5=5:,_P=--o=-w:.:.a=.v.r....:..;R:.:::o.=.ad::::...,_ _________________ _ 5. Project Sponsor's Name and Address: Gunner Milo Inc. P .0. Box 60506, San Diego CA 92166 6. General Plan Designation: _C=o:.:.m:..:..:m~u::.:.n!!.:ity:..l-!:B:.!:u:.:::s::.:..in:.:::e:.:::.ss::::....J.:(C~B=-)'-------------- 7. Description of Project: (Describe the whole action involved, including, but not limited to, later phases of the project, and any secondary, support, or offsite features necessary for its implementation. Attach additional sheets if necessary). The project is a request to establish an animal kennel and day care business on a developed, currently vacant commercial site. The site consists of an approximate 5,400-square-foot building, landscape areas, vehicle parking and circulation areas, and other open paved surface areas. The business would provide 24-hour kenneling, daytime dog day care, and ancillary activities such as grooming, obedience training and wellness training for dogs. The project includes the establishment of two separate outdoor dog activity areas that are enclosed within a fence and include covers over these areas for shade, which total approximately 8,500 square feet in area. The project also involves a request for a Variance to exceed the City noise standard relating to barking dogs. 8. Surrounding Land Uses and Setting: The project site is located within an area that can be characterized as urbanized. Poway Road, which is a major commercial corridor, is along the north side of the site and developed commercial uses exist on the north side of Poway Road. The site abuts developed commercial uses to the west. A creek, which is a United States Geological Survey (USGS) mapped "blue line" creek and contains some flood control improvements such as rip rap", abuts the site to the southeast and developed commercial uses are beyond the creek. 9 of 54 1 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14-005, MORA 14-025, and VAR 14-009 9. Other agencies whose approval is required (e.g. permits, financing approval, or participation agreement): _..:...;N=o.:..:.ne~--- Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. D Land Use and Planning D Transportationrrraffic D Public Services D Population and Housing D Biological Resource D Utilities and Service D Geology /Soils D Mineral Resources Systems 1Z1 Hydrology I Water Quality D Hazards/Hazardous Materials D Aesthetics 1Z1 Air Quality 1Z1 Noise D Cultural Resources D Agricultural /Forestry 1Z1 Greenhouse Gas Emissions D Recreation Resources Determination (To be completed by the Lead Agency): I On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment ~ and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, 0 there will not be a significant effect in this case as revisions in the project have been made by or agreed to by the project proponent and/or mitigation has been agreed to. A MITIGATED NEGATIVE DECLARATION will be prepared. 1----1 I find that the proposed project MAY have a significant effect on the environment, and an D ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed MAY have a "potentially significant impact" or "potentially 0 significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, D because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is re u· ed. City of Poway 10 of 54 2 December 2, 2014 Item# 3.1 , EIS and Checklist CUP 14-005, MDRA 14-025, and VAR 14-009 C. EIS and Checklist ISSUE I. AESTHETICS . Would the project a . Have a substantia l adverse effect on a scenic vista? b . Substantially damage scenic resources, including , but not limited to, trees, rock outcroppings, and historic build ings with in a state scenic highway? c. Substantially degrade the existing visual character or quality of the site and its surroundings? d . Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? II. AGRICULTURAL AND FORESTRY RESOURCES . In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the Cal ifornia Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland . In determining whether impacts to forest resources , including 11 of 54 POTENTIALLY SIGNIFICANT IMPACT 3 POTENTIALLY SIGNIFICANT UNLESS MITIGATION INCORPORATED LESS THAN SIGNIFICANT NO IMPACT IMPACT X X X X December 2, 2014 Item # 3 .1 EIS and Checklist CUP 14-005, MORA 14-025, and VAR 14-009 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NO IMPACT IMPACT MITIGATION IMPACT INCORPORATED timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state's inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project: a. Convert prime farmland, unique farmland, or farmland of statewide importance (farmland), as shown on the maps prepared pursuant to X the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b. Conflict with existing zoning for agricultural X use, or a Williamson Act contract? c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code X section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned 12 of 54 4 December 2, 2014 Item# 3.1 EI S and C hecklist CUP 14-005, MORA 14-025, and VAR 14-009 ISSUE Timber land Production (as defined by Government Code section 511 d . Result in t he loss of forestland or conve rsion of forestland to non-forest land? e . Involve other changes in the existing environment that, due to thei r location or nature, could resu lt in conversion of farm land to non-agricultura l use or conversion of forestland to non -forest use? a. Conflict with or obstruct implementation of the applicab le air quality n? b. V iolate any air quality standard or contribute substantially to an existing or p rojected air ua violation? c. Result in a cumulatively conside rab le net increase of any criteria pollutant for which the project region is non- attainment under an cable federal or 13 of 54 POTENTIALLY SIGNIFICANT IMPACT 5 POTENTIALLY SIGNIFICANT UNLESS MITIGATION IN CORPORATED LESS THAN SIGNIFICANT NO IMPACT IMPACT X X X X X December 2, 2014 Item # 3 .1 EIS and Checklist CU P 14-005, MORA 14-025, and VAR 14-009 POTENTIALLY ISSUE POTENTIALLY SIGNIF IC ANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NO IMPACT IMPACT MITIGATION IMPACT INCORPORATED state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d . Expose sensitive receptors to substantial X pollutant concentrations? e . Create objectionable odors affecting a X substantial number of • • I ? IV. BIOLOGICAL ' RESOURCES . Would the project : a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species X in local or regional plans , policies, or regulations , or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, X policies, regulations , or by the California Department of Fish and Game or U .S. Fish and Wildlife Service? c. Have a substantial adverse effect on X federally protected 14 of 54 6 December 2, 2014 Item# 3 .1 EIS and Checklist CUP 14 -005, M ORA 14-025, and VAR 14-009 ISSUE wetlands as defined by Section 404 of the Clean W ater Act (including, but not lim ited to, marsh, vernal pool, coastal , etc.) through direct removal, fi ling , hydrological interruption, or other means? d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident migratory wildlife corridors , or impede the use of native wildlife nursery sites? e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f . Conflict with the provisions of an adopted Habitat Conservation Plan , Natural Community Conservation Plan, or other approved local, regional or state habitat t I ? • V. CULTURAL RESOURCES. Would the Project a. Cause a substantial adverse change in the significance of a h istorical resource as defined in Section 15064.5? 15 of 54 POTENTIALLY SIGNIFICANT IMPACT POTENTIALLY SIGNIF ICANT LESS THAN UNLESS SIGNIFI CANT NO IMPACT MITIGATION IMPACT INCORPORATED X X X X 7 December 2, 2014 Item # 3 .1 E IS and Checklist CUP 14-005, MO RA 14-025, a nd VAR 14-009 POTENTIALLY ISSUE POTENTIALLY SIGNIFI CANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NO IM PACT IMPACT MITIGATION IMPACT INCORPORATED b. Cause a substantial adverse cha nge in t he significance of an X archaeological resource pursuant to Sectio n 15064.5? c . Directly or indirectly destroy a unique paleontolog ica l X reso u rce or site or unique geo logic feature? d. D ist urb any hu m an rema ins, including X t hose interred outside of fo rmal cemeteries? VI. GEOLOGY AND SOILS. Would the proJect· a . Expose people or structures to potentia l substantial adverse X effects, includi ng the risk of loss , injury or death involving: i) Ruptu re of a known earthquake fau lt, as delineated on the most recent Alquist-P riolo Earthquake Fault Zoning Map issued by the State Geologist for X the area or based on other substantial evide nce of a known fault? Refer to Division of M ines and Geology Specia l Pu blication 42 . ii) Strong se ismic X gro und shak in g? iii) Seismic-related gr ound failure, X including liquefact ion? iv) L andslides? X 16 of 54 8 December 2 , 2014 Item # 3.1 E IS and C hecklist CUP 14-005, M ORA 14-025, a nd VAR 14-009 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NO IMPACT IMPACT MITIGATION IMPACT INCORPORATED b. Result in substant ia l soil erosion or the loss X of topsoil? c . Be located on a geolog ic unit or soi l that is unstable , or that would beco me unstable as a result of the project, and potentia ll y X result in on-or offsite la ndslide , lateral spread ing, subsidence, liquefaction or co ll apse? d. Be located on expansive soil , as defined in Table 18-1 -B of t he Uniform Building X Code (1994), c reat ing substantial risk to life o r prope rt y? e. Have soils incapabl e of adequately supporting the use of septic tanks or al ternative wastewater disposa l X syste m s whe re s ewers are not avail able for the disposal of wastewater? VII.GREENHOUSE GAS EMISSIONS. Would the project: a. Generate greenhouse gas e m issions, either directly or indirectly , X t hat may have a sig nificant impact on t he environme nt? b. Conflict with an applicable plan , policy or regulation adopted for the pu rpose of X reduci n g t he emissions of greenhouse gases? 17 of 54 9 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14-005, MORA 14-025, and VAR 14-009 ISSUE VIII.HAZARDS AND HAZARDOUS MATERIALS Wou ld the project a . Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b. Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c . Emit hazardous emissions or handle hazardous or acutely haza rdous materials, substances or waste within one-quarter mile of an existing or proposed school? d . Be located on a site which is included on a list of haz ardous materials sites compiled pu rsuant to Government Code Section 65962.5 and , as a resu lt, would it create a significant hazard to the public or the environment? e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or pub lic use 18 of 54 POT ENTIALLY SIGNIF ICANT IMP ACT POTE NT IALL Y SI G NIFICA NT UNLESS MITIG ATION INCORP ORAT ED 10 LESS T H AN S IG NI FI CANT NO IM PACT IMPACT X X X X X Dece mber 2, 2014 Item# 3 .1 EI S and Checklist CUP 14-005, M ORA 14-025, and VAR 14-009 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NO IMPA CT IMPA CT MITIGATION IMPA CT IN CORPORATED airport, would the project resu lt in a safety haz ard for people residing or working w ith in the project area f . For a project in the vicinity of a private airstrip, would the project resu lt in a X safety hazard for people residing or working in the project area? g . Impair implementation of, or physically interfere with , an adopted emergency X response plan or emergency evacuation plan? h. Expose people or structures to a significant risk of loss, injury or death involving wildland fires , including whe re wildland areas X adjacent to urbanized areas or where residences are intermixed with w ildlands? IX. HYDROLOGY AND WATER QUALITY. Would the project: a. Violate any water quality standards or X waste discharge requirements? b. Substantially deplete groundwater s u pplies or interfere substantially with X gro u ndwater recharge such that there would be a net deficit in 19 of 54 11 December 2 , 2014 Item# 3 .1 EIS and Checklist CUP 14-005, MORA 14-025, and VAR 14-009 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NO IMPACT IMPACT MITIGATION IMPACT INCORPORATED aquifer volume or a lowering of the local groundwater table lever (e.g., the production rate of pre- existing nearby wells would drop to a level, which would not support existing land uses or planned uses for which permits have been granted. c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the X course of a stream or river, in a manner which would result in substantial erosion or siltation on-or offsite? d. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or X river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on-or offsite? e. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater X drainage systems or provide substantial additional sources of pollute runoff? f. Otherwise substantially degrade water quality? X 20 of 54 12 December 2, 2014 Item# 3.1 EIS and Checklist CUP 14-005, MORA 14-025, and VAR 14-009 POTENTIALL Y ISSUE POTENTIALLY SIGNIF ICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NO IMPACT IMPACT MITIGATION IMPACT INCORPORATED g . Place housing within a 1 00-year flood hazard a rea as mapped on a Federal Flood Hazard X boundary or Flood Insurance Rate Map or other f lood haza rd deli neation map? h. Place wit hin a 1 00-yea r flood hazard area structures which would X impede or redirect flood flows? i. Exposing people or structures to a significant risk of loss, injury or death X involving flooding , including flooding as a result of the failure of a levee or dam? j. Inundation by seiche, X tsunami, or mudflow? X. LAND USE AND PLANNING . Would the proJect. a . Ph ysica ll y d ivide a n established X community? b. Conflict with app licable land use plan , po licy , or regulation of an agency with jurisdiction over the project (including , but not limited to, the general X plan, specific plan , local coastal prog ram , or zoning ordinance) adopted for the purpose of avoiding or mitigating an envi ronmental effect? c . Conflict wi t h any X a ppl icable habitat 21 of 54 13 December 2 , 2014 Item# 3 .1 EIS and Checklist CUP 14-005, MORA 14-025, and VAR 14-009 ISSUE conservation plan or natural community conservation •lan. XI . MINERAL RESOURCES. Would the project a. Result in the loss of availability of a known mineral resource that would be of future value to the region and the residents of the State? b. Result in the loss of availabil ity of a locally important mineral resource recovery site delineated on a local general p lan , specific plan or other land use • I an? XII.NOISE . Would the proJect result m a . Exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b . Exposure of persons to, or generation of, excessive ground borne vib ration or ground borne noise levels? c. A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d . A substantial temporary or periodic increase in 22 of 54 POTENTIALLY SIGNIFICANT IMPACT POTENTIALLY SIGNIFICANT L ESS THAN UN L ESS SIGN IFIC ANT NO IMPACT MITIGATION IMPACT INCORPORATED X X X X X X 14 Decembe r 2 , 2014 Item # 3 .1 EIS and Checklist CUP 14-005, MORA 14-025, and VAR 14-009 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NO IMPACT IMPACT MITIGATION IMPACT INCORPORATED ambient noise levels in the project vicinity above levels existing without the project? e . For a project located within an airport land use plan or, where such a plan has not been adopted , within two miles of a public airport or public use X airport, would the project expose people residing or working in the project area to excessive noise levels? f . For a project within the vicinity of a private airstrip, would the project expose people X resid ing or working in the project area to excessive noise levels? XIII.POPULATION AND HOUSING. Would the proJect. a. I nduce substantia l growth in an area either directly (for example, by proposing new homes and X businesses) or indirectly (for example, through extension of roads or other infrastructu re)? b. Displace substantial numbers of existing housing, necessitating X the construction of replacement housing elsewhere? c. Displace substantial numbers of people , X necessitating the 23 of 54 15 December 2, 2014 Item# 3.1 EIS and Checklist CUP 14-005, MORA 14-025, and VAR 14-009 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NO IMPACT IMPACT MITIGATION IMPACT INCORPORATED construction of replacement housing elsewhere? XIV. PUBLIC SERVICES. a. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities , need for new or physically altered governmental facilities, X the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios , response times or other performance object ives for any of the public services. i. Fire protection? X ii. Police protection? X iii. Schools? X iv. Parks? X v . Other public X facilities? XV. RECREATION. a . Would the project increase the use of existing neighborhood and regional parks or other recreational X facilities such that substantial physical deterioration of the facility wou ld occur or be accelerated? b. Does the project include recreational facilities or require the X construction or expansion of 24 of 54 16 I December 2, 2014 Item# 3.1 EIS and Check list CUP 14-005, M ORA 14-025, and VAR 14-009 POTENTIALLY ISSUE POTENTIALLY SIGN IFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFIC ANT NO IMPACT IMPACT MITIGATIO N IMPACT IN CORPORATED recreational facilities which m ight have an adverse physical effect on the environment? XVI. TRANSPORTATION I TRAFFIC Would the project. a. Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system , taking into account all modes of transportation, including mass transit X and non-motorized travel ,and relevant components of the circulation system, including , but not limited to, intersections, streets, highways and freeways , pedestrian and bicycle pat hs, and mass transit? b. Conflict with an applica ble congestion management program , incl uding , but not limited to, level of service standards and travel demand X measures, or other standards estab lished by the county congestion management agency for designated roads or highways? c. Result in a change in air traffic patterns, X including either an 25 of 54 17 Dec ember 2 , 2014 Item # 3.1 EIS and Checklist CUP 14-005, MORA 14-025, and VAR 14-009 ISSUE POTENTIALL Y SIGNIFICANT IMPACT increase in traffic levels or a change in location that results in substantia l safety risks? d . Substantially increase hazards due to a design feature (e .g., sharp curves or dangerous inte rsections) or incompatible uses (e .g ., farm equipment)? e. Result in inadequate emergency access? f. Conflict with adopted policies, plans or programs regarding public transit, bicycle or pedestrian faci li ties , or otherwise decrease the performa nce or safety of such faci lities? XVII. UTILITIES AND SERVICE SYSTEMS Would the project. a . Exceed wastewater treatment requirements of the applicab le Regional Wate r Quality Control Board? b. Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, t he construction of which could cause significant envi r onmental effects? c. Re q uire or res u lt in t he const ruction of new stormwater drainage facilities or expansion of existing facilities, the 26 of 54 POTENTIALLY SIGN IFICANT UNLESS MITIGATION INCORPORATED 18 LESS THAN SIGNIFICANT NO IMPACT IMPACT X X X X X X I December 2, 2014 Item # 3 .1 EIS and Checklist CUP 14-005, MORA 14-025, and VAR 14-009 ISSUE construction of which could cause significa nt environmental effects? d . Have sufficient water supplies available to serve the project from existing entitlements and reso urces, or are new o r expanded entitlements needed? e. Result in the determination by the wastewater treatment provider, which serves or may serve the p roject, that it has adequate capacity to serve the project's projected demand in add ition to t he provider's existing co mmitments? f . Be served by a landfill with sufficient permitted capacity to accommodate the project's so lid waste dispos al needs? g. Comply with federal , state and local statutes and regulations related to solid waste? XVIII. MANDATORY FINDINGS OF SIGNIFICANCE a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wil dl ife species, cause a fish or wild life popu lation to drop below self-sustai n ing leve ls , t hreaten t o 27 of 54 POTENTIALLY SIGNIFICANT IMPACT POTENTIALLY SIGNIFICANT LESS THAN UNLESS SIGNIFICANT NO IMPACT MITIGATION IMPACT IN CORPORATED X X X X X 19 December 2, 2014 Item·# 3.1 EIS and Checklist CUP 14-005, MORA 14-025, and VAR 14-009 POTENTIALLY ISSUE POTENTIALLY SIGNIFICANT LESS THAN SIGNIFICANT UNLESS SIGNIFICANT NO IMPACT IMPACT MITIGATION IMPACT INCORPORATED eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples or the major periods of California history or prehistory? b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulative considerable" means that the incremental effects of a project are X considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. c. Does the project have environmental effects - which will cause substantial X adverse effects on human beings either directly or indirectly? D. DISCUSSION OF ENVIRONMENTAL EVALUATION 28 of 54 Please refer to the Environmental Initial Study Checklist Form above when reading the following evaluation. I. AESTHETICS: a. No impact. The site is fully developed with a commercial building and paved areas and is surrounded by developed commercial properties which are along a major commercial corridor. Establishment of fenced areas with shade covers are in keeping with the surrounding developed commercial areas. No impact will occur. 20 December 2, 2014 Item# 3.1 EIS and Checklist CUP 14-005, MORA 14-025, and VAR 14-009 29 of 54 b. No impact. See response I.a. c. No impact. See response I.a. . d. No impact. Exterior lighting similar to that currently utilized in the surrounding developed commercial area will be utilized. No impact will occur. II. AGRICULTURAL AND FORESTRY RESOURCES: a) No Impact. The project site is fully developed with a building and paved areas for commercial use and is located within a developed commercial area with no farmland uses in the vicinity. Thus, the project would not result in the conversion of Prime Farmland, Unique Farmland or Farm-land of Statewide Importance to non-agricultural uses. No impact would occur. b) No Impact. The project site is not currently zoned for agricultural use and does not contain Williamson Act contract land. No impact would occur. c) No Impact. The project site does not contain, and is not zoned for, forest land, timberland or timberland zoned Timberland Production. No impact would occur. d) No Impact. As stated in response ll.c, the project site is not located in an area containing forest land. Accordingly, the project would not convert any forest land to non-forest use, and no impact would occur. e) No Impact. The project would not directly impact agriculture or forest lands, nor introduce new elements into the landscape that would contribute to future conversion of agricultural use to non-agricultural use or forest land to non-forest use. No impact would occur. Ill. AIR QUALITY: a. No impact. The City of Poway is part of the San Diego Air Basin and air quality in the area is administered by the San Diego County Air Pollution Control District (APCD). An Air Quality Management Plan (AQMP) describes air pollution control strategies to be taken by a City, County or region classified as a non-attainment area to meet the Clean Air Act (CAA) requirements. The main purpose of an AQMP is to bring the area into compliance with the requirements of federal and state air quality standards, and to coordinate regional and local governmental agencies to achieve air quality improvement goals. A San Diego Regional Air Quality Strategies Plan -1994 Uointly developed by the APCD and the San Diego Association of Governments-SANDAG) exists for the San Diego area and provides strategies for pollution control to improve air quality in the region. Land use plans and build out projections of the General Plans of jurisdictions within the San Diego area were considered in establishing the strategies of the Regional Air Quality Strategies Plan. The Poway General Plan includes strategies that are directed toward reducing air emissions through land use patterns, transportation planning, regional agency cooperation, energy conservation, and construction. The project will not have a significant adverse impact on air quality in the area. The zoning and General Plan designation for the site envision potential establishment of dog kennels. The use, therefore, will not have an impact and conflict with implementation the Regional Air Quality Strategies Plan. b. No impact. See response lll.a. c. No impact. See response lll.a. 21 December 2, 2014 Item # 3.1 EIS and Checklist CUP 14-005, MORA 14-025, and VAR 14-009 30 of 54 d. No impact. See response lll.a. e. Less than significant impact. The project involves establishment of a dog kennel and day care business and, therefore, dog wastes will be generated on the site with the potential for odor. The business operations plan stipulates that dog solid waste will be picked up frequently and disposed of in a waste collection area that will be situated towards the interior of the site and more than 50 feet from any adjacent commercial building and removed from the site regularly. Additionally, the outdoor dog activity areas will be washed down daily. Impacts will be less than significant. IV. BIOLOGICAL RESOURCES: a. No impact. The site is fully developed with a building and paved areas. No removal of natural vegetation will occur. No impact would occur. b. No impact. The project site is located within an area that can be characterized as urbanized. Poway Road, which is a major commercial corridor, is along the north side of the site and developed commercial uses exist on the north side of Poway Road. The site abuts developed commercial uses to the west. A creek, which is a United States Geological Survey (USGS) mapped "blue line" creek and contains some flood control improvements such as "rip rap", abuts the site to the southeast and developed commercial uses are beyond the creek. The creek contains a high degree of invasive type vegetation and is the subject of regular flood control maintenance activity. The project will not result in the removal of vegetation in the creek. The site will be developed with Low Impact Development (LID) features to minimize polluted storm water run-off associated with pet wastes into the creek (See discussion Hydrology and Water Quality). No impact will occur. c. No impact. See responses IV.a and b. d. No impact. See response IV.a and b. e. No impact. No natural vegetation, or any onsite tree, is proposed to be removed. No impact will occur. f. No impact. See response IV.a and b. V. CULTURAL RESOURCES: a. No impact. According to the Prehistoric and Historic Resources Element of the Poway General Plan, the project site is located in an area with a high probability that archeological resources are present. The site was graded and developed over 25 years ago. Only minimal earth disturbing activities associated with digging holes for new fence supports will occur No impact will occur. b. No impact. See response V.a. c. No impact. See response V.a. d. No impact. See response V.a. VI. GEOLOGY AND SOILS: a.i No impact. The site is fully developed with a building and paved areas. Only minimal earth disturbing activities will occur associated with digging holes for new fence supports. Other activity involves perforating paving for drainage and removal of a section of currently paved area to establish an LID feature to minimize polluted storm water runoff from the site, which will have negligible if any effect on soil. No impacts would occur. a.ii No impact. Seeresponse Vl.a.i. a.iii No impact. See response Vl.a.i. 22 December 2, 2014 Item# 3.1 EIS and Checklist CUP 14-005, MORA 14-025, and VAR 14-009 31 of 54 a.iv No impact. See response Vl.a.i. b. No impact. See response Vl.a.i. c. No impact. See response Vl.a.i. VII. GREENHOUSE GAS EMISSIONS: a. Less than significant impact. Greenhouse gases allow solar radiation (sunlight) into the Earth's atmosphere, but prevent radiative heat from escaping; thereby warming the Earth's atmosphere. Greenhouse gases are emitted by both natural processes and human activities. The accumulation of greenhouse gases in the atmosphere affects the Earth's temperature. Emissions of greenhouse gases in excess of natural ambient levels are thought to be responsible for the increase of the "greenhouse" effect and contribute to what is called "global warming". The State of California's Climate Change Scoping Plan aims to reduce state and local greenhouse gas emissions by primarily targeting the largest emitters of greenhouse gases-transportation, including emissions from vehicles, and energy sectors. Item XVI.a below concludes that the project is not anticipated to result in a substantial number of new vehicle trips on roads, particularly since the site has been developed and used for commercial uses for over 25 years. Impacts would be less than significant. b. No impact. See response Vll.a. VIII. HAZARDS AND HAZARDOUS MATERIALS: a. No impact. The project involves the establishment of a dog kennel and day care use on a developed site that will not involve the use of hazardous materials or otherwise result in any public hazards. No impact will occur. b. No impact. See response Vlll.a. c. No impact. See response Vlll.a. d. No impact. The site is not on the established lists of hazardous wastes sites. No impact would occur. e. No impact. The closest airport to the project site is the Marine Corps Air Station at Miramar military base, which is approximately 7.5 miles away. The project does not involve habitable structures that would result in exposure of people to safety hazards. Therefore, the project would not result in a safety hazard for people residing or working in the project area. No impact would occur. f. No impact. See response Vlll.e. The project site is not within the vicinity of a private airstrip. Therefore, the project would not result in a safety hazard for people residing or working in the project area. No impact would occur. g. No impact. See response Vlll.a. h. No impact. According to the Very High Fire Hazard Severity Zones map for Poway, the project site is not located within a Very High Fire Hazard designated area. Additionally, the project site is within an urbanized and developed area, and not located adjacent to any large expanse of wildlands. The project, therefore, would not expose people or structures to a significant risk of loss, injury or death involving wildland fires. No impact will occur. IX. HYDROLOGY AND WATER QUALITY: a. Less than significant. The project involves establishment of a dog kennel and day care business on a developed commercial site which is adjacent to a creek and is also otherwise served by the City-wide storm water conveyance system. The 23 December 2, 2014 Item# 3.1 EIS and Checklist CUP 14-005, MORA 14-025, and VAR 14-009 32 of 54 project proposes two separate outdoor activity areas where dog waste will primarily be generated. These outdoor areas will be on existing paved areas that will be fenced, surfaced with artificial turf, and covered for shade. LID design features and business operation procedures will be implemented with the project to minimize polluted storm water runoff; and include keeping the dogs within a confined area, covering the area to minimized rainfall (and runoff) from the areas, perforating the pavement underneath the artificial turf to enable waste to infiltrate into the soil when the areas are washed down on a daily basis, picking up solid waste frequently, and the establishment of a depressed area in the ground along the rear property line. This area is located above and adjacent to the creek that is located to the southeast of the project site and will capture any runoff that results in the outdoor activity area before reaching the creek. As a result, impacts will be less than significant. b. No impact. The project involves establishment of a dog kennel and day care business on a developed commercial site which will rely on the City potable water system, not groundwater. No impact will occur. c. No impact. . See response IX.b d. No impact. The project would not alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on or offsite. No impact would occur. e. No impact. The project would not alter the existing drainage pattern of the site or area, including through . the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or offsite. No impact would occur. f. Less than significant. See response IX.a g. No impact. The project does not involve the placement of housing for humans on the project site. No impact will occur. h. No impact. A small southeasterly portion of the site is located within the delineated Floodplain and a smaller portion in the Floodway. No improvements are proposed within the Floodway. A portion of the outdoor activity area proposed in the rear of the site is within the Floodplain. Accordingly, that improvement will require the processing and approval of a Flood Plain Development Permit where compliance with City requirements will be ensured. No impacts will occur. i. No impact. The project would not result in exposing people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam. See response IX.g. No impact would occur. j. No impact. The project would not result in inundation by seiche, tsunami, or mudflow. The project site is not located within or adjacent to any mapped dam inundation areas. Ramona Dam is the closest dam to the project site. See response IX.g. No impact would occur. X. LAND USE AND PLANNING: a. No impact. The project site is developed for commercial use, has been used for commercial uses for over 25 years, is along a major commercial corridor, and in an area that is developed with commercial uses. No impact will occur. b. No impact. See response X,a .. c. No impact. The Poway Subarea Habitat Conservation Plan (HCP) serves as the planning document for the preservation and management of sensitive biological habitat areas in the City of Poway. The HCP is consistent with the regional and sub-regional planning efforts within San Diego County pursuant to the State of California's Natural Community Conservation Plan act of 1991. The project is not 24 December 2, 2014 Item# 3.1 EIS and Checklist CUP 14-005, MORA 14-025, and VAR 14-009 33 of 54 located within the HCP Mitigation Area. Additionally, no natural vegetation removal will occur as a result of the project. No impact would occur. XI. MINERAL RESOURCES: a. No impact. According to the Poway General Plan, the only known valuable mineral resource, as recognized by the California Department of Conservation, Division of Mines and Geology, is construction quality sand and gravel located in the South Poway area of the City. The project site is not in this area. No impact would occur to mineral resources. b. No impact. See response Xl.a. XII. NOISE: a. Less than significant impact. The project involves establishment of a dog kennel and day care business, which includes two outdoor daytime activity areas. One outdoor activity area is in the front of the site along Poway Road and one is located in the rear portion of the site. Some dogs will only stay during the day, others will be kept overnight. Accordingly, there will be noise associated with barking dogs both during the day and nighttime hours. A Noise Study was prepared for the project by Investigative Science and Engineering Inc. The study reports that noise during the nighttime hours, when up to 60 dogs would be kenneled indoors, will be between 43 and 48 decibels (dBA), and that noise during daytime hours, when up to 75 dogs will be using the outdoor activity areas, will be 65.1 dBA. The Poway Municipal Code (PMC) has two separate noise standards applicable to the project. The noise standard contained in PMC 17.34.040 relates to the dog kennel use specifically and relates to the existing, ambient noise levels in the area. The PMC stipulates that noise associated with a kennel must be within the ambient noise levels for the area. The study determined the ambient noise level in the front portion of the site is between 44 and 82 dBA, and in the rear portion of the site to be between 44 to 68 dBA. Since the projected noise during the nighttime hours is between 43 to 48 dBA and the projected noise level during the daytime is 65.1 dBA, which are both within the ambient levels, the project complies with the ambient noise standard. The PMC stipulates another noise standard applicable to the project which is based on the project site's underlying Community Business (CB) zoning classification. The noise standard contained in PMC 8.08.04 stipulates that noise generated from any use in the CB zone cannot be more than 55 dBA during nighttime hours and no more than 60 dBA during daytime hours. The study reported that nighttime noise would be between 43 and 48 dBA. The project complies with the nighttime standard for the CB zone. The study reported however that daytime noise associated with the outdoor activity areas would be 65.1, which is slightly more than 5 dBA over the day time standard for the CB zone. PMC 8.08.220 contains a provision for variances to noise standards. The project involves a request for a variance pertaining to the exceedance of the 60 dBA daytime standard for the CB zone. The project site is located within a fully developed commercial area along a major commercial corridor. The projected noise is within the ambient levels in the area. It is also important to note that a similar dog kennel and day care business exists in the immediate vicinity and that 25 December 2, 2014 Item# 3.1 EIS and Checklist CUP 14-005, MORA 14-025, and VAR 14-009 34 of 54 there are minimal residential uses nearby that are more than 400 feet from the project site. Project noise impacts will be less than significant. b. No impact. The project will not cause any ground vibrations. No impacts will occur. c. No impact. See response Xll.a on ambient noise discussion. d. No impact. See response Xll.a on ambient noise discussion. e. No impact. The closest airport to the project site is the Marine Corps Air Station at Miramar military base, approximately 7.5 miles to the southwest. The project does not involve, nor does it propose habitable structures that would result in exposure of people to excessive noise levels. Therefore, the project would not result in excessive noise levels for people residing or working in the project area and no impact would occur. f. No impact. The project site is not within the vicinity of a private airstrip. Therefore, the project would not result in excessive noise levels for people residing or working in the project area and no impact would occur. XIII. POPULATION AND HOUSING: a. No impact. The project involves the establishment of a dog kennel and day care business on a developed commercial site. Therefore, the project would not induce substantial direct or indirect population growth in the surrounding area. No impact would occur. b. No impact. See response XII I.a. c. No impact. See response Xlll.a. XIV. PUBLIC SERVICES: a. No impact. The project involves the establishment of a dog kennel and day care business on a developed commercial site. The site is adequately served by all public services. No impact would occur. a.i No impact. See response XIV.a. a.ii. No impact. See response XIV.a. a.iii.No impact. See response XIV.a. a.iv.No impact. See response XIV.a. a.v. No impact. See response XIV.a. XV. RECREATION: a. No impact. The project involves the establishment of a dog kennel and day care business on a developed commercial site. The business will not result in a demand for park or recreation services. No impact would occur. b. No impact. See response XV.a. XVI. TRANSPORTATION AND TRAFFIC: a. No impact. The project involves establishment of dog kennel and day care business on a developed commercial lot which is currently vacant. Where the traffic generated by the new business will add traffic to the transportation system, since it is currently vacant, the added traffic is consistent with that which was previously generated by the prior business and the existing transportation system is designed to accommodate such traffic. No impact will occur. 26 December 2, 2014 Item# 3.1 EIS and Checklist CUP 14-005, MORA 14-025, and VAR 14-009 35 of 54 b. No impact. See response XVI.a. c. No impact. The project does not involve air traffic. No impact will occur. d. No impact. The project does not involve any alteration of existing transportation design features, and is not located within an area with existing hazardous transportation design features. No impact will occur. e. No impact. The project involves establishment of dog kennel and day care business on a developed commercial lot which is currently designed for adequate emergency vehicle access. No impact will occur. f. No impact. The project involves establishment of dog kennel and day care business on a developed commercial lot and will not conflict with conflict with, or otherwise impact transit, bicycle, or pedestrian systems. No impact will occur. XVII. UTILITIES AND SERVICE SYSTEMS: a. No impact. The project involves establishment of dog kennel and day care business on a developed commercial lot which is adequately served by existing utility and service systems. No impact will occur. b. No impact. See response XVII.a. c. No impact. See response XVI.a. d. No impact. See response XVI.a. e. No impact. See response XVI.a. f. No impact. See response XVI.a. g. No impact. See response XVI.a. XVIII. MANDATORY FINDING OF SIGNIFICANCE: a. No impact. See responses IV a and IV.b. b. Less than significant impact. See responses II I.e, Vll.a, IX.a, and Xll.a. c. Less than significant impact. See responses !ll.e and Vll.a 27 December 2, 2014 Item# 3.1 RESOLUTION NO. P-14- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 14-005, MINOR DEVELOPMENT REVIEW APPLICATION 14-025, AND VARIANCE 14-009 ASSESSOR'S PARCEL NUMBER 317-151-60 WHEREAS, the Applicant, Gunner Milo Inc., requests approval of Conditional Use Permit (CUP) 14-005, Minor Development Review Application (MORA) 14-025, and Variance (VAR) 14-009 to establish an animal day care and kennel business, which includes a request for a variance from City noise standards, on a developed commerical site located at 12255 Poway Road, in the Community Business zone; and WHEREAS, the proposed project involves an overnight kennel for up to 60 dogs/cats, day care for up to 200 dogs/cats, other ancillary activities, and construction of two covered and enclosed outdoor activity areas; and WHEREAS, on December 2, 2014, the City Council held a duly advertised public hearing to receive testimony from the public, both for and against, relative to this matter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway as follows: Section 1: The findings, in accordance with Section 17.48.070 of the Poway Municipal Code (PMC), for CUP 14-005 to establish an animal day care and kennel at 12255 Poway Road are made as follows: A. B. C. D. The proposed location, size, design, and operating characteristics of the animal day care and overnight kennel are in accord with the title and purpose of Chapter 17.48 PMC (Conditional Use Permit Regulations), the Poway General Plan, and the development policies and standards of the City, in that animal boarding is allowed with the approval of a Conditional Use Permit. The location, size, design, and operating characteristics of the animal day care and kennel will be compatible with, and will not adversely affect or be materially detrimental to, adjacent uses, buildings, or structures in that the use will be conducted within a building, except for outdoor activity areas that will be screened from view from the street and neighboring properties by a fence. That the harmony in scale, bulk, coverage and density of the animal day care and kennel is consistent with adjacent uses. There are adequate public facilities, services and utilities available at the subject site to serve the animal day care and kennel. No new utilities are proposed. ~ 36 of 54 December 2, 2014 Item # 3.1 Resolution No. P-14- Page 2 E. There will not be a harmful effect upon the desirable surrounding property characteristics in that the animal day care and kennel is located within an existing building and the outdoor activity areas will be screened from view by fencing. F. The generation of traffic will not adversely impact the capacity and physical character of the surrounding streets and/or the Circulation Element of the General Plan. The business would provide adequate off-street parking for cars. G. The site is suitable for the type and intensity of the proposed development in that the animal day care and kennel is in an area with other businesses and is appropriate to the purpose of the CB zone, in which the site is located, with the approval of a Conditional Use Permit. H. There will not be significant harmful effects upon environmental quality and natural resources in that the operator has provided a management plan for regular cleaning of the outdoor activity areas and are providing Low Impact Development (LID) design features that will provide a means for infiltration of storm water into the ground. I. There is no relevant negative impact associated with the operations of the animal day care and kennel. J. The potential impacts, as described in subsections A through I of this Section, and the proposed location, size, design, and operating characteristics of the animal day care and kennel, and the conditions under which it would be operated or maintained, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity, nor be contrary to the adopted General Plan or the Poway Road Specific Plan, in that the associated activities will be conducted indoors or behind a fence and will be screened from view from neighboring development and the street. K. The proposed animal day care and kennel will comply with the applicable provisions of the Zoning Ordinance and the Poway Road Specific Plan, with the exception of noise which is the subject of a variance. Section 2: The findings for MORA 14-025, in accordance with PMC 17.52.010 Purpose of Development Review, are made as follows: A. B. 37 of 54 The project has been designed to be architecturally compatible with surrounding commercial development, and conforms to City zoning and development standards. Therefore, the project respects and recognizes the interdependence of land values and aesthetics to the benefit of the City. The project has been designed to minimize impacts on the surrounding community by utilizing exterior building materials and an architectural design that December 2, 2014 Item# 3.1 Resolution No. P-14- Page 3 is consistent with surrounding development. Therefore, the proposed development respects the public concerns for the aesthetics of development, and encourages the orderly and harmonious appearance of structures and property within the City. C. The granting of the MORA would not be materially detrimental to the public health, safety or welfare within the community since the proposed development will complete improvements necessary for the new use. D. The project has been designed to be compatible with development in the surrounding area by utilizing exterior building materials and an architectural design that is consistent with nearby development. Therefore, the proposed development respects the public concerns for the aesthetics of development. E. The project will not have an adverse effect on the aesthetics, health and safety, or an architecturally-related impact upon adjoining properties, as the project has been designed to be compatible with development in the surrounding community by utilizing exterior building materials and an architectural design that is consistent with nearby development. F. The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as the provisions of the Zoning Code. Section 3: The findings for VAR 14-009, in accordance with PMC 8.08.220 Variances are made as follows: A. The noise that will be generated by the project during daytime hours will be within the range of existing ambient noise in the area. B. During the nighttime animals will be kept indoors and therefore noise will comply with all established City standards for nighttime noise levels. C. Surrounding uses are developed commercial uses including a similar animal day care and kennel business. Section 4: The findings, pursuant to Government Code Section 66020, for the public improvements for CUP 14-005, MORA 14-025, and VAR 14-009 are made as follows: A. B. 38 of 54 The design and improvements of the proposed development are consistent with all elements of the Poway General Plan, as well as City Ordinances, because all necessary facilities will be available to serve this project. In accordance with the Poway General Plan, the project requires the payment of applicable development impact fees, which are assessed on a pro-rata basis to December 2, 2014 Item# 3.1 Resolution No. P-14- Page 4 finance public infrastructure improvements, which promote a safe and healthy environment for the residents of the City. Section 5: The City Council hereby approves CUP 14-005, MORA 14-025, and VAR 14-009, as shown on the approved plans on file with the City, subject to the following conditions: A. The applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit, including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the applicant shall not be required to pay or perform any settlement unless such settlement is approved by applicant. B. Approval of this CUP, MORA, and VAR request shall apply only to the subject project, and shall not waive compliance with all sections of the Zoning Ordinance (except for noise standard pursuant to the approved variance) and all other applicable City Ordinances in effect at the time of Building Permit issuance. Additionally, the project shall comply with the stipulations contained in the applicant's submitted operational statement on file with the City. C. Within 60 days of the date of this approval, and before the issuance of any permit: (1) the applicant shall submit in writing that all conditions of approval have been read and understood; and (2) the property owner shall execute a Covenant Regarding Real Property. In order for the City to prepare the Covenant, the applicant must first submit a legal description of the subject site. D. The use conditionally granted by this approval shall not be conducted in such a manner as to interfere with the reasonable use and enjoyment of surrounding uses. E. The conditions of CUP 14-005, MORA 14-025, and VAR 14-009 shall remain in effect for the life of the subject use and shall run with the land and be binding upon future owners, successors, heirs, and transferees of the current property owner. 39 of 54 December 2, 2014 Item# 3.1 Resolution No. P-14- Page 5 F. CUP 14-005, MORA 14-025, and VAR 14-009 may be subject to annual review, as determined by the Director of Development Services, for compliance with the conditions of approval and to address unresolved operational concerns that may have been raised during the prior year. G. Proposed signage shall be in accordance with the Poway Sign Ordinance; the necessary permits and approvals shall be obtained for any signage proposed prior to installation. H. The applicant shall obtain a Building Permit prior to construction. Prior to issuance of a Building Permit, the applicant shall comply with the following: 40 of 54 (Planning) 1. The applicant shall comply with the latest adopted building and electric codes, and all other applicable codes and ordinances in effect at the time of Building Permit issuance. 2. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from the appropriate City departments will be required. 3. The applicant shall contact the Poway Unified School District [858 679-2570] to verify if school impact fees are required. If required, the fees shall be paid at the rate established at the time of Building Permit issuance. 4. All architectural details shown on the approved CUP/MDRANAR plans shall also be shown on the building plan check submittal. Modifications to the building or site design details on the approved CUP/MORA plans may require an MORA revision and City Council approval. 5. If new roof-mounted equipment is proposed, the building plans shall include elevations and cross sections that show all new roof appurtenances, including air conditioning, architecturally integrated, screened from view, and sound buffered from adjacent properties and streets, to the satisfaction of the Director of Development Services. (Engineering) 6. All spoil materials from footings and foundations shall be legally disposed of offsite unless a Grading Permit for placement of the materials is obtained from the Department of Development Services -Engineering Division prior to placement or the applicant has received verification from the Department in writing that no permit is required. December 2, 2014 Item # 3.1 Resolution No. P-14- Page 6 7. The applicant shall incorporate Low Impact Development (LID) design features into the site development as applicable. These shall be clearly shown and identified on the site plan that is included with the building plan check submittal, and be appropriately sized for the proposed level of development. 8. A minimum cash security for erosion control for $2,000 is required. 9. The applicant shall attend a pre-construction meeting at the Department of Development Services. The scheduling request shall be submitted on a City standard form available from the City's project engineer. The applicant's action plan that identifies measures to be implemented during construction to address erosion, sediment and pollution control will be discussed. Compliance for sediment control shall be provided as directed by the project inspector. 10. Erosion control shall be installed and maintained by the developer from October 1 to April 30 annually. The developer shall maintain all erosion control devices throughout their intended life. 11. Some of the proposed improvements are located within a regulated floodplain. A Floodplain Development Permit shall be approved and issued prior to Building Permit issuance. All applicable fees shall be paid prior to floodplain permit issuance. 12. Prior to start of any work within a City-held right-of-way, a Right-of-Way Permit shall be obtained from the Engineering Division of the Development Services Department. , All appropriate fees shall be paid prior to permit issuance. I. The applicant shall comply with the following fire safety requirements, to the satisfaction of the Fire Marshal: 1. 2. 3. 41 of 54 The applicant is required to meet all applicable PMC and California State Fire and Building Codes for this project. The applicant is encouraged to contact the Division of Fire Prevention at (858) 668-4470 to set up a meeting prior to submitting building plans in order to review project requirements. Permanent access roadways for fire apparatus shall be designated as "Fire Lanes" with appropriate signs and curb markings. A 2A 1 OBC fire extinguisher(s) is required for office areas every 3,000 square feet and 75 feet of travel distance. ·December 2, 2014 Item'# 3.1 Resolution No. P-14- Page 7 4. Roof covering of the existing building and the canopies in the activity areas shall be fire retardant as per PMC 15.04.050, and City of Poway Ordinance No. 64 and its amended Ordinance No. 526. 5. The building shall display the approved numbers and/or addresses in a location plainly visible and legible from the street or roadway fronting the property from either direction of approach. Said numbers shall contrast with their background and be a size between six (6) inches (minimum) and 18-inches (maximum). The building address shall also be displayed on the roof in a manner satisfactory to the Director of Safety Services, and meeting Sheriff Department-ASTREA criteria. J. Prior to issuance of the Certificate of Occupancy: 1. The site shall be developed in accordance with the approved plans on file in the Development Services Department and the conditions contained herein. A final inspection from appropriate City departments will be required. (Engineering) 2. Applicant shall provide signage and pavement markings for one-way access at the westerly driveway entrance and for the proposed drive north of the fenced enclosure and building. 3. The applicant shall repair, to the satisfaction of the City Engineer, any and all damage to public improvements caused by construction activity from this project. K. Upon establishment of the dog day care and overnight boarding facility, pursuant to CUP 14-005, MORA 14-025, and VAR 14-009 the following shall apply: 42 of 54 (Planning) 1. The dog activity areas shall be confined to the areas depicted on the approved CUP/MDRAIVAR Site Plan. The canopies shall be pulled taut and maintained in good condition. 2. 3. The owner or operator of the animal day care and animal boarding facility shall routinely and regularly inspect the site to ensure compliance with the standards set forth in this permit and in accordance with the applicant's operational statement on file with the City. No loudspeaker sound amplification system shall be used to produce sounds in violation of the Noise Ordinance, including telephone, electric bell, or chime system. December 2, 2014 Item# 3.1 Resolution No. P-14- Page 8 4. A Sign Permit is required for a permanent wall sign and a temporary wall banner sign. All signage shall comply with the PMC 17.08.040 Comprehensive Sign Regulations. 5. Within a year of the commencement of operations, an additional street tree shall be planted in accordance with the requirement of the City of Poway Landscape and Irrigation Design Manual at the location shown on the approved site plan. 6. All landscaping onsite and within the adjacent public right-of-way shall be adequately irrigated, and permanently and fully maintained by the owner at all times in accordance with the requirements of the City of Poway Landscape and Irrigation Design Manual. The trees shall be encouraged and allowed to retain a natural form. Pruning should be restricted to maintain the health of the trees and to protect the public safety. Trees should be trimmed or pruned as needed to develop strong and healthy trunk and branch systems. Tree maintenance and pruning shall be in accordance with "American National Standard for Tree Care Operations" latest edition (ANSI A300). Trees shall not be topped and pruning shall not remove more than 25% of the trees' leaf surface. 7. The parking areas, driveways and landscape areas shall be well maintained. 8. Weekend special events shall be contained within the building and/or the fenced outdoor activity areas. Events conducted within the parking lot shall require the processing and approval of a Temporary Use Permit. All business parking needs shall be accommodated on-site in designated parking spaces as shown on the site plan on file with the City. Should the business need additional parking for special events the business operator may enter into an agreement with adjoining or nearby properties for shared use of parking in cases where that property has surplus (i.e. in excess of City requirements) parking available. Section 6: The approval of CUP 14-005, MORA 14-025, and VAR 14-009 shall expire on December 2, 2016, at 5:00 p.m. unless, prior to that time, a Building Permit has been issued and construction on the property in reliance on the CUP/MDRANAR approval has commenced prior to its expiration. Section 7: The parties are hereby informed that the time within which judicial review of this decision must be sought is governed by Section 1094.6 of the California Code of Civil Procedure. 43 of 54 December 2, 2014 Item# 3.1 Resolution No. P-14- Page 9 PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a regular meeting this 2nd day of December, 2014. ATTEST: Sheila R. Cobian, CMC, City Clerk STATE OF CALIFORNIA ) )SS COUNTY OF SAN DIEGO) Don Higginson, Mayor I, Sheila R. Cobian, CMC, City Clerk of the City of Poway, do hereby certify under penalty of perjury that the foregoing Resolution No. P-14-was duly adopted by the City Council at a meeting of said City Council held on the 2nd day of December, 2014, and that it was so adopted by the following vote: AYES: NOES: ABSENT: DISQUALIFIED: 44 of 54 Sheila R. Cobian, CMC, City Clerk City of Poway December 2, 2014 Item# 3.1 \ N $ 0 125 250 500 ~--9Feet 45 of 54 co CITY OF POWAY Zoning I Location Map Item: The Paw Pad CUP14-005 MDRA14-025 VAR14-009 RR-A December 2, 2014 Item'·# 3.1 PetResoB1, Cage .. free Boarding· I WellnessCenler OPERATIONAL STATEMENT Operational flow starts at check-in kiosks (260st) conveniently located adjacent to 8+ parking stalls for primary business customers to drop off/pick up pets for boarding (day & ovemight);average daily .. customer trips estimated at 30-40 vehicles per day with 5-.tO minutes visit times. Peak "drop-oft" hours are between 6:30am...., 9:00am and peak "pick- up" hours between'4:30pm ~ 7:00pm. A display and reception area (1,.631sf} includes two ADA restrooms situated in main building for customer counseling and education; grooming & food prep areas (84 7st) for pet wash/manicure services and pet food .preparation separated by furniture is accessed by employed care keeperS only; separate warehouse areas (2,852st) for cage free boarding kennels, training; therapy and temperament testing accessed by trained care keepers only. Boarding ~ennel area will be equipped with 5'x5' feeding cages for separate feeding or if a dog needs alone time; .also for ~crated boarding op:qon': o!f~:r¢inadditig~. to "cage free". Existing facility already equipped wi~. · operational ,Systems ·[mechanical, :phrmbing; electrical). required for adequate lighting and ventilation for excellent atmosphere and comfort to pets, keepers and customers;· including reception/display area, management offices, grooming tubs; laundryappliances, small kitchen appliances, restrooms, branded fixtures, furniture, and technical eqilipment to be located in main building and kiosk offices as depicted in floor plan. Dog R,un Yards to be situated in froiit~;019st) and back ( 4,524st) to have control fencing to ensure pet safety per San Diego· C~Uhty Animal Control standards. The number' of employees'required to .. start operations under 'The Paw Pad" standards are; l operational manager, 1 acJmissiongi.{'; keeper, 1 groomer, 1 tnrlner /therapist, 1 dog run keeper per yard utilized At full capacity· (200 pets) the number of employees (4 -10) vary between 4-8 hour shifts per day onsite at one time = 1 keeper/20 dogs depending on occupancy levels. Day care serVice hours are between 6:30am-7:00pm Monday thru Friday and partial hours during weekends With no more than 75 dogsallowed in the outdoor dog run areas at onetime. Overnight boarding is a combination of "crated" and "cage free" with one overnight employee per 30 dogs not to exceed a 60 dog overnight boarding capacity. ·Dogs in open yard runs are always supervised. All pets remain indoors between 7:00pm-6:30am With intermittent supervised yard access only for pets to relieve themselves. After hours supervised yard access is limited to 2 pets at one time. RECEiVED 0Cl1 3 201~ 46 of 54 "Serving our community with an unprecedented level of exceptional pet care" m~~if 12255 Poway Road, Poway, CA 92064 Contact: Barbara Armenti (732) 742-8542 Gil? ''e~ ATTACHMENT D December 2, 2014 Item#. 3.1 Facility Pel Resori,·Cage-Free Boarding I Wellnm Center OPERATIONAL STATEMENT This project consists of minor buildinginiprovements·estimated.under $50,000 for interior and exterior branding with no environmental impacts. The existing interior partition walls will be modified to accommodate the primary service of "'pet day care" ~th ancillary services provided to existing customers including; obedience training, grooming, photography, wellness programs (I.E. yoga, massage, vaccination clinic;..non suigical). The outdoor dog rwis are ~quipped with artificial turf installed over existing surface and several control gates to ensure safety. The dog run is equipped with removable dog houses, playgroimd apparatus, custom designed splash pond/waterfall and decorative sail structure canopies secured inside a commercial grade solid wood fenced yard compliant with commercial building standards. The sail structures are oriented to fence posts and aligned with industrial metal posts approximately 10-12 feet high anchored with secured cables to provide adequate shade, comfort and safety throughout the· dog run area All operational services and any promotional or special events will be conducted within the interior of building or enclosed yard spaces. The removable splash pond placed near building to access a water source approximately 10'x11' on existing surfac~ above ground and water is 12inch" deep with custom waterfall feature. Pond water is filtered and treated twice daily to ensure cleanliness and PH balance .. The Paw Pad water quality controls and potential bacterial pollutants management plan meets qty standards to determine equivocal exemptions under California Environmental Quality Act and Standard Urban Storm Water Management Plan. Water Quality Controls & Potential Bacterial Pollutants Management Plan contains, at a minimum, the following elements: an exhibit identifying the outside dog activity areas, and source. controls to ensure best management practices (BMP's) that will be employed to minimize bacterial pollutants runoff. The premises shall adhere to this approved Plan for the duration of Conditional Use Permit (CUP) issued by City of Poway. The Paw Pad project reviewed by City win detail any requirements to comply with LID's and BMP's to minimize . . . ·1 \ 1· . b~tterial pollutant containment or run-off as follows: "Serving our community with an unprecedented level of exceptional pet care" 12255 Poway Road, Poway, CA 92064 Contact: Barbara Armenti (732) 742~8542 _. ·- 47 of 54 December 2, 2014 Item# 3.1 Pet 'Resort CZ!ge-Free Bearding 1 Wiliness CeBDter OPERATIONAL STATEMENT 1.) Interior drain filters are "Groomers Best" for all utility sinks and grooming tubs: 2.) The outside synthetic lawn area will be sprayed nightly with a water fbleach enzymatic.solution (Sol) in a concentration recommended by the manufacturer of the product· This concentrate consists of3 oll.nces ofbleach per one gallon of water and the Sol enzymatic solution consists of 2 ounces of product per one gallon of water. The bleach solution kills any bacterialpollutants and the Sol enzymatic solution is speclfically designed to neutralize tirlne arid bacteria 'the use of these disinfectants will be alternated nightly. · ' ' 3.) Any excess moisture left on the synthetic lawn is wetjdcy vacuumed. This prevents any moistUre from draining into nearby storm drains and has the added benefit of collecting loose materials and/ or dog fur to keep the grounds clean. 4.) "Rain Day'' Prm:edures -dog run closed and all activitieS moved indoors. Artificial Turfis green on top, in the middle and even underneath. Beyond the color, Artificial Turf goes a long way towards better enVironmental silstainability which makes it truly "green." Artificial Turf backing is approximately 60'-70% green by weight The System is an engineered component system which contributes to environmental sustainability. The first component is the primary backing which helps extend the product life cycle by using 10% less material that is stronger and has superior dimensional stability coin pared to traditional artificial grasses. Underlayment drainage channel allows for drainage under the turf, but over the asphalt, ensures a clean and sanitary environment. Solid waste is picked up immediately after any excretion and hermetically sealed in biodegradable bags then placed in garbage dumpster for weekly service by EDCO. "Serving our community with an unprecedented level of exceptional pet. care" 12255 Poway Road, Poway, CA 92064 Contact: Barbara Armenti (732) 742~8542 ....... 48 of 54 December 2, 2014 Item# 3.1 49 of 54 Pel ResoRt Cage .. frteiOarding 1 WeiiUSsCear OPERATIONAL',STATEMIENT JrncKries5::;{/\SJtvlO"Wm)·. · FlOw{ASTM 041116)· ~xo~u~~gr~~ieot.= t .. '' "Serving our community with an unprecedented level of exceptional pet care~~ 12255 Poway Road, Poway, CA 92064 Contact: Barbara Armenti (732) 742-8542 -.I • December 2, 2014 Item.# 3.1 OPERATIONAL STATIEMIENT Zeolite-base for synthetie lawn- The installation techniques utilized to neutralize odors organically with natural zeolite oystals. Used in many industries for purification, these crystals absorb and eliminate up to 80% of the odor caused by ammonia in pet waste. This material is 100 percent·natural zeolite volcanic mineral with an ionic charge that attracts odors. Millions of micro-sized pores in this natural mineral provide superior odor absorption -and -long-lasting results. Zeolite regenerates by exposure to sun or dry environment for six ot more hours, this will completely tethatge the mineral to work like new again. Broad Spect:rum Germicidal Cleaner (Sol) Sol-is a broad non":toxic enzymatic spectrum germicidal cleaner, deodorizer and disinfectant formulated for animal care facilities. The concentrated formula knocks out pathogens in o~e easy labor saving stept This very popular quaternary disinfe$Dt is.EPA registered and kills the-broadest spe~ of pathogens in the industry~ Sol·is e{fective. agaillstviru$es (including Canine Parvo~). bacteria, a.nd fimgi. Sol's pH neutrality at a dilution of2 oz. per gallon of water (8 oz. per gallon for.canine parvovi~)providesfor the highest level of ~afety for animals and humans with no rinsing necessary. It i~ non- corr,osive and non-staining. Sol granules sprinkled regularly on top. of artificial lawn gathers any liquid (Le. urine) located at the surface (sort of like kitty litter), then it is washed away witlJ. a hose. This product is environmentally safe and naturally scented. Rug Dr. Wide Track for Cleaning Lawn (as needed) . Rug Dr. is a commercial grade carpet cleaner is used on the ~thetic lawn for regular cleaning. Equipment is a water-based system, which forces steams water in and vacuums it out leaving lawn clean and damp but not soaked. Chemicals are not used in the process - since the Sol treatment disinfects and deodorizes. After use the Rug Dr. collected waste is poured into the drain as it would with normal carpet ~leaning. "Serving our community with an unprecedented level of exceptional pet care'' 12255 Poway Road, Poway, CA 92064 Contact: Barbara Armenti (73-2) 742--8542 --- 50 of 54 December 2, 2014 Item# 3.1 Pel Resort, Cage--Free Boarding 1r Wellness Center OPERATIONAL STATEMENT Noise Controls The motivation behind why dogs bark typica1ly include dogs be1ng in a confined crate or kennel for an extended period of time while their owners are away from home or at work Dogs may bark because they are alone and seek attention from human beings or companionship from other dogs, due to lack of exercise, and boredom. The Paw Pad is designed specifically to combat all of these issues and is the precise reason why dog. ownerS will seekout The Paw Pad facility. Dogs are free to fully explore their environment without being confined, which takes away separation anxiety barking at The Paw Pad. Dogs at The Paw Pad enjoy unlimited human and dog companionship, which fulfills any attention seeking barking typically consistent with a "home alone environment". Dogs at The Paw Pad enjoy hours of physical exercise and mental stimulation, thus setting the standard of excellence to fulfill individual dog needs and keeping them content and quiet Trainers will remain· onsite to address individual and group dog behavior to miliimize barking at The Paw Pad facility. The Paw Pad is committed to the utmost eXtremes to keep the dogs calm and serene for their own well-being. It's the only way a-business like this can stay in operation and ensure the safety of the dogs in their care. The Paw Pad requires all dogs to be temperament tested to ensure that they are socialized, even-,keeled, and .free of behavioral problems. If a dog does not pass temperament test they are NOT allowed to stay for "cage free" daycare or boarding services, but they would be able to be ;'crate boarded" only which will be an option that The Paw Pad will offer in addition to cage-free. Training services are offered to customers, so a barking dog or wining pet could easily be addressed through proper behavioral training. Please find The Paw Pad's site specific noise data compliance survey completed by Investigative Science & Engineering Inc. (ISEI) dated 8/12/14. Ambient levels measured in front & rear of property lines are above code threshold levels in CB zone With Poway Rd over 75db. ISEI noise study to be updated indicating measured noise levels in front have no impact with back yard exceeding code thresholds requiring a variance for project Please reference institutional noise research papers regarding "barking dogs" completed by California University, Davis (MS#: A9405R2 final dated 7 /24/02) and Massachusetts Institute of Technologies "Behavioural Processes" study 81 (2009) 358-368 ''barking & mobbing'' accepted 4/8/09. 51 of 54 "Serving our community with an unprecedented level of exceptional pet care" 12255 Poway Road, Poway, ·CA 92064 Contact: Barbara Armenti (732) 742-8542 December 2, 2014 Item# 3.1 52 of 54 53 of 54 I i I I ••• I I 1::\, ~ I I i I I I • i B Gl ~~ r= u :~ '»~ 1'1 --~ 1<1:1 . I H M ll I I H ~u ! : ~ , I 8 .---.If.· ----· ---------~~,-ATFA ME - I I I I·= II II T I~ i: i0 ~,, r~ "' I I. i h z ~! ~ 1"1 --···~--··-····~·--·;'I i ·.I I --c··---.. -------De ember-2-,-20-14--~ltem-# 3.1 54 of 54 November 22, 2014 To: The Mayor of Poway, City Council ofthe City of Poway, Staff Planner From: The Residents of Poway Estates Re: CUP14-005, MDRA 14-025, V AR14-009ffhe Paw Pad We have received notification regarding the above referenced Conditional Use Permit and are asking that you please deny approval of this requested variance from the City noise standards. Our homes are located such that the noise from this operation would directly carry up to them. We already have the noise from the animals housed at the A.n}mal Keeper kennels on Oak Knoll Road. When these animals start barking and howling their displeasure about being left by their owners, the neighborhood dogs respond and it is quite annoying. In view of this, you can imagine the noise situation with yet another kennel in our area - in a location even closer to our homes than the Animal Keeper. Therefore, we ask for your protection and assistance in trying to control the noise we contend with. We sincerely appreciate your help in this situation. We will have representation at the City Council meeting to provide any additional information you may need. For now, you may contact Doug Eagle at 858-688-9600 or Deagle2@cox.net if you have any questions. 13043 Oak Knoll nve, Poway, CA 92064 ATTACHMENT G December 2, 2014 Item# 3.1 1 of 25 APPROVED 0 APPROVED AS AMENDED 0 City of Poway COUNCIL AGENDA REPORT (SEE MINUTES) DENIED 0 REMOVED 0 CONTINUED----- DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: RESOLUTION NO.---- December 2, 2014 Honorable Mayor and Members of the City Council Daniel Singer, City Manager~ Robert J. Manis, Director of Develo~ment Services /AA Rich Whipple, City Planner~ City of Poway Habitat Acquisition Strategy The Poway Subarea Habitat Conservation Plan (PSHCP) requires the City to use its habitat in-lieu fees to purchase land to assist in meeting the PSHCP's habitat goal of preserving 10,800 acres of land in Poway. Staff has developed an implementation strategy to acquire properties for habitat preservation using funds from the City's habitat in-lieu fee account. Recommended Action: It is recommended that the City Council receive and file this report. Background: The PSHCP was adopted by the Poway City Council in 1996 and covers the entire City. The PSHCP is a "subarea" conservation plan in the region and was prepared to facilitate private property development in coordination with the wildlife agencies and also to create sustainable, interconnected habitat preserves for the .purpose of maintaining biological resources in Poway. Approximately 13,300 acres of the 25,216 acres of land within the City's jurisdiction are included within the PSHCP "Mitigation Area". The Mitigation Area includes all lands within the City where preservation or management may contribute significantly to regional biological conservation. The PSHCP requires a large portion (1 0,800 acres) of the Mitigation Area to be protected and preserved in perpetuity. This area contains a significant amount of California Gnatcatcher habitat vegetation (Coastal Sage Scrub) and serves as the City's regional "fair share" of biological land preservation to protect the gnatcatcher and other endangered species from extinction. Findings: As part of the PSHCP preservation requirements, habitat removal within the Mitigation Area is limited to a maximum of two acres per parcel. A 2:1 mitigation ratio is typically required to replace habitat lost to development when located within the Mitigation Area. Due to the larger parcel sizes in the Mitigation Area, the mitigation habitat is commonly preserved on site and protected through the placement of a biological conservation open space easement over the mitigation land. Alternatively, a developer could purchase the equivalent habitat elsewhere within the City or buy mitigation credits to mitigate the habitat loss. In addition, a habitat in-lieu fee can be paid to mitigate the December 2, 2014 Item#~ ·I 2 of 25 Habitat Acquisition Strategy December 2, 2014 Page 2 loss within the Mitigation Area. The current habitat in-lieu fee is $17,000 per acre. Through the placement of City land into Biological Conservation Easements (BCE), dedication of private "mitigation" land associated with development, and the previous purchase of property using habitat mitigation in-lieu fees, the City has preserved over 6,900 acres, or approximately 56% of its habitat preservation requirement. Although over half of the preservation goal has been met, the City cannot meet the 10,800 acre requirement with development dedications alone. The PSHCP requires the City to use its habitat mitigation in-lieu fees to purchase additional land for preservation purposes. The selection of mitigation parcels is up to the City; however, the PSHCP provides criteria to assist staff in determining which parcels to purchase. The criteria include, but are not limited to, high priority acquisition areas (as defined in the PSHCP), biological significance, threat level from development, important linkages that interconnect other open space parcels, land costs, parcel location, and parcel availability. In the past year, staff has developed a proposed strategy, using the criteria described in the PSHCP for habitat acquisition. This strategy also includes a detailed list of potential parcels to target for acquisition, and provides a thorough analysis of the priority areas as defined in the PSHCP. The acquisition strategy is provided in the attachment to this report. Since 1997, the City has acquired approximately 517 acres of land. The City has not purchased any mitigation land since 2009. As a result, the current habitat in-lieu fee account has grown and currently contains $1,366,881. In compliance with the PSHCP and to demonstrate progress in implementing the PSHCP to the various "Wildlife Agencies", staff will use the strategy to identify properties to be purchased based on available funding. All proposed land purchases will be presented to City Council prior to taking action. Fiscal Impact: The City's Habitat In-Lieu Fee Fund balance is currently $1,366,881. Based on criteria in the acquisition strategy, staff will utilize funds from this account to acquire properties as parcels and funding is available. Environmental Review: This action, which may result in acquisition of properties for the purposes of habitat preservation, is Categorically Exempt as a Class 13 Categorical Exemption from the California Environmental Quality Act (CEQA), pursuant to Section 15313(c) of the 2014 CEQA Guidelines, in that the action, may result in land acquisition intended to preserve access to public lands where the purpose of the acquisition is to preserve the land in its natural condition. December 2, 2014 Item# '-t.l Habitat Acquisition Strategy December 2, 2014 Page 3 Public Notification: None. Attachment: A. PSHCP Acquisition Strategy (Memorandum) 3 of 25 December 2, 2014 Item# '1.1 CITY OF POWAY MEMORANDUM TO: Daniel Singer, City Manager FROM: Bob Manis, Director of Development Services Rich Whipple, City Planner DATE: December 2, 2014 SUBJECT: City of Poway Subarea Habitat Conservation Plan (PSHCP) Acquisition Strategy The City of Poway encompasses an area that has many natural resources, including creeks, canyons, grassland areas, and mountains. Historically, the City has protected its biological and natural resources through General Plan policies and requirements of the Poway Municipal Code (PMC). Subsequent to the adoption of the Poway General Plan, the California Gnatcatcher was listed as a federally threatened species in March 1993. As a listed species, state and federal laws prohibited the disturbance of the bird and/or the removal of its habitat without permit authorization from the U.S. Fish and Wildlife Service (USFWS). As a majority of the undeveloped land in Poway contains Gnatcatcher habitat, most new development required review through a lengthy USFWS permit process. To facilitate the permit and development process, the City worked with the USFWS and the California Department of Fish and Wildlife (CDFW) in the preparation and implementation of the citywide Poway Subarea Habitat Conservation Plan (PSHCP). A key objective of the PSHCP is to create sustainable, interconnected habitat preserves for the purpose of maintaining viable populations of biological resources. Implementation of the PSHCP ensures compatibility between development and conservation in the City, while meeting the mitigation requirements for private and public development projects. The PSHCP was adopted by the Poway City Council in 1996 and covers the entire City. There are 25,216 acres within the borders of the City of Poway. Within that land area, approximately 13,300 acres are identified as the PSHCP "Mitigation Area". The Wildlife Agencies required, in the PSHCP, that 10,800 acres of the 13,300 acres be protected and preserved in perpetuity. The 10,800 acres contain a large portion of the Gnatcatcher habitat vegetation (Coastal Sage Scrub) and serves as the City's fair share portion of preserved land, to protect the gnatcatcher and other endangered species from extinction. To date, through placement of City land into Biological Conservation Easements (BCE), dedication of private "mitigation" land associated with development, the purchase of property using funds generated from the City Habitat In-Lieu fee, and the initial dedication of approximately 4,600 acres of preserved lands from "Cornerstone parcels" 4 of 25 December 2, 2014 Item# Y .l such as Blue Sky/Mount Woodson and Iron Mountain, the City has preserved approximately 56% of the preservation goal, or over 6,900 acres. Habitat In-Lieu Fee The purpose of the "in-lieu" fee is to provide an efficient and viable option for biological resource impact mitigation. It is intended that the in-lieu fee serve as mitigation compensation for direct, indirect, and cumulative impacts, where the direct purchase of habitat lands by a project proponent or on-site preservation are determined by the City to be infeasible. Over the last several years, the in-lieu fee typically has been used for the removal of native habitat on private properties located outside the Mitigation Area and for the purchase of open space parcels within the Mitigation Area. Per the PSHCP, the Habitat In-Lieu Fee is to be assessed in accordance with a fee schedule adopted by the City Council. The current fee is $17,000 per acre. The purpose of the Habitat In- Lieu Fee is to provide the City the ability to acquire land within the Mitigation Area for preservation and dedication. Since the approval of the PSHCP, the City has collected over $1.8 million in Habitat In- Lieu fees and has spent over $668,000 of that for the purchase of 517 acres containing native habitat. In addition, approximately 1,860 acres has been dedicated to the preserve in the form of mitigation land associated with development. Therefore, a total of more than 2,377 acres have been added to the preserve's initial dedication of 4,600 acres. Pursuant to the goals and policies of the PSHCP the selection and acquisition of habitat parcels is entirely up to the City and is not subject to the further review or approval of any other party of the PSHCP Implementing Agreement. Supplemental to the City's efforts, staff may also consider input from SANDAG's Environmental Management Program committee and the County's Quarterly Acquisition committee. Through these committees the City may consider input on potential acquisition sites in Poway that could be of regional significance and/or provide supplemental funding sources to assist in the purchase of the mitigation parcels. The current in-lieu fee balance is $1,366,881 as of October 1, 2014. The City has subsequently been formulating a program for the review and consideration of available lands for habitat acquisition. Despite the past recession, land costs in Poway still remain high. As such, City staff is looking carefully at potential sites that will offer the greatest amount of preservation acreage for the dollars available. Parcel Selection Process The selection of mitigation parcels is entirely up to the City. There are a number of tools, or criteria in the PSHCP, to assist staff in evaluating the appropriate parcels to purchase. The criteria include, but are not limited to: Proposed Resource Protection Area (PAPA) priorities, parcel location, quality of habitat, land cost, linkage connections, and parcel availability. The following is a discussion of the parcel acquisition process. The main direction for parcel acquisition is from a priority acquisition list provided in the PSHCP. Most of the properties included in the PAPA provided a connective link to other preserved parcels or open space areas. These groups of parcels, or corridors, were placed into PAPA. The PAPAs were delineated based on their value to the preserve system and potential risks of loss to development. These factors were used to rate PAPAs into three categories; high, medium, and low. ( 5 of25 2 December 2, 2014 Item# Lf.J • High is defined as areas that support concentrations of target species, large contiguous blocks of sensitive vegetation communities, or essential habitat linkages or wildlife movement corridors and within which development or other impacts would irreparably damage preserve design (i.e. the unique aspects of the Poway Subarea HCP including its core areas, linkages and buffers compared to San Diego's regional conservation plan) and could not be mitigated. • Medium is defined as areas that support sensitive habitats, target species, or habitat linkages that are important to preserve design, but their loss or partial loss could be at least partially mitigated elsewhere in the preserve. Examples include coastal sage scrub habitats peripheral to core areas, or habitat linkages for which alternative linkages exist in the event the first is lost. • Low is defined as areas that support sensitive resources of lesser importance to preserve design than high or medium value PAPAs. Preservation of low value PAPAs may add incrementally to total reserve size and resources, but loss of these areas would not unduly damage overall preserve function. - Additional Factors to Consider In addition to the PAPA list there are additional economic and environmental conditions to be taken into consideration in the parcel selection process. These conditions include: 6 of 25 • Linkages Linkages are habitat connections that allow for wildlife movement, recruitment, and colonization between preserved areas. Linkages are typically regional and consist primarily of undeveloped corridors through urbanized areas that interconnect preserved areas such as mitigation and/or open space parcels. Linkages can be defined at a finer scale to include connections between habitat patches through otherwise disturbed habitat areas. Linkages may also exist between habitats in the Mitigation Area and habitats in adjoining jurisdictions. Many of the high priority PAPAs contain important linkages. • Location The location of the parcel plays a significant role in its value to the overall preserve system. Parcels located in the rural areas of the City may have a higher biological value and a lower economic value. Conversely, parcels located near or surrounded by urbanization may have a higher economic value as land values will often be based on development potential vs. biological value. Equally important is a parcel location to adjoining "Cornerstone Lands", mitigation parcels or other lands designated for open space. Parcels that interconnect open space parcels, preserve wildlife corridors, or protect sensitive plant or animal species provide the greatest benefit to the Preserve. • Biological Significance The biological significance of a parcel is based on the type and quantity of vegetation and the type and number of plant and animals species it supports. A small parcel that contains quality vegetation may be considered biologically significant. However, if that parcel is surrounded by development, it becomes more of an island and less biologically valuable. Examples of this situation consist of blocks of native vegetation located outside the PSHCP Mitigation 3 December 2, 2014 Item# L.f .1 Area. Large parcels located in the rural areas could contain habitat of lesser quality, but through its sheer size are able to support a larger variety of plant and animal species and, therefore, may be more biologically valuable. Careful consideration must be given to a parcel's biological significance and what is best for the Preserve when evaluating possible acquisition. • Economic Significance As discussed above, the economic significance of a parcel is based on its location and quality of vegetation. Parcels that contain quality habitat, but possess views of the City will typically demand a higher price as their value is based on the residential unit potential. Conversely, parcels located far from infrastructure improvements and possess high quality vegetation are of greater biological value. As the goal is to select properties that provide maximum benefit to the Preserve, careful consideration must be given to the dollar versus biological value ratio. • Development potential Although a parcel may be located within the Mitigation Area, it still has development potential. The PSHCP established a PAPA parcel acquisition priority based on concentrations of target species, contiguous blocks of sensitive vegetation communities, habitat linkages, and threat level from development. In selecting a parcel for purchase, consideration must be given to the value of biological preservation of the parcel versus damage to the preserve design that cannot be mitigated if developed. Another option to consider is the percentage of the native habitat on the parcel that can be preserved after development. • Land Cost The cost of land is often based upon many of the above criteria. Land adjacent to development or with expansive views will likely have an inflated price as its value will often be based on its residential unit potential. For the purposes of acquisition of mitigation land, the price should be based on the value of the habitat. Depending upon location, type and quantity of vegetation, the habitat cost of Coastal Sage Scrub can range from $3,000 to $30,000 (2014 $) per acre according to some industry experts. Careful consideration must be taken when purchasing habitat parcels to insure that the price paid reflects a balance between its value to the Preserve vs. its residential and/or habitat value. Proposed Resource Protection Areas (PAPA) The PSHCP identified six high priority, thirteen medium priority, and four low priority PAPAs. The City is initially focusing on the location, availability and habitat condition of the high priority parcels. Since the list of PAPA's was prepared over 18 years ago it is recognized that some of those parcels have been developed and are no longer available for acquisition. As such, the City is also examining lesser priority parcels and other properties outside the PAPA's that contain significant biological value, such as those in the Twin Peaks Mountain and Rattlesnake Canyon areas. Many of the parcels within the Twin Peaks Mountain and Rattlesnake Canyon area have a medium priority, with a medium to high preservation value. 4 December 2, 2014 Item# L.\ • f 7 of 25 PAPA List Listed below are the high , medium and low priority PAPAs identified in the PSHCP and all of the parcels within each PAPA. The list includes the status of individual parcels, their size and condition. Parcels that are highlighted are considered "targef' parcels . Parcels that are not highlighted are considered developed, or are already preserved . Those identified as preserved were in the PSHCP as target parcels, but have since been preserved. Exhibit A to this memorandum contains a description of each of the PAPAs and a map showing their general locations . The list below includes 19 target parcels in the high priority PAPA. The list includes the individual parcels, their size and condition . 5 December 2, 2014 Item# L\ · f 8 of25 Listed below are the thirteen medium priority PAPAs identified in the PSHCP and the target parcels within each PAPA. The list includes the individual parcels , their size and condition. 9 of25 6 December 2, 2014 Item# 'i .1 3146503600 Medium T w in Peaks Mt. 1.84 Vacant 3140311000 Medium Twin Peaks Mt. 10.00 Vaca nt 3140311100 Medium Twin Peaks Mt. 10.00 Vacant 2754702800 Med1um Twm Peaks MI. 21.40 Preserved Hospital OS 10 of 25 7 December 2, 2014 Item# 4 .' 11 of 25 PRPA 14 PRPA 15 PRPA 17b 3212602200 Medium 3212602300 Medium 3212602400 Medium 3212602500 Medium 3212502800 Medium 3212502900 Medium 3212503000 Medium 3212503100 Medium 3212503200 Medium 3212503300 Medium 3212503400 Medium 3212503500 Medium 3212503600 Med ium 3212503700 Med iu m 3212503800 Med ium 3212503900 Med iu m 3212504000 Medium 3212602600 Medium 3212602700 Medium 3212602800 Medium 3212501500 Medium 3212601700 Medium Rattlesnake Cyn. 1.69 Vacant Rattlesnake Cyn. 2.02 Vacant Rattlesnake Cyn. 2.02 Vacant Rattlesnake Cyn. 2.02 Vacant Rattles nake Cyn. 1.70 Vacant Rattlesnake Cyn. 1.01 Vacant Rattles nake Cyn. 1.01 Vacant Rattles nake Cyn. 1.01 Vacant Rattlesnake Cyn. 1.01 Vacant Rattlesnake Cyn. 1.01 Vacant Rattlesnake Cyn. 1.01 Vacant Rattlesnake Cyn. 1.01 Vacant Rattlesnake Cyn. 1.01 Vacant Rattlesnake Cyn. 1.01 Vacant Rattlesnake Cyn. 1.0 1 Vacant Rattlesnake Cyn. 1.01 Vacant Rattlesnake Cyn. 1.0 1 Vacant Rattlesnake Cyn. 2.02 Vacant Rattlesnake Cyn. 2 .02 Vacant Rattlesnake Cyn. 2.02 Vacant Rattlesnake Cyn. 1.86 Vacant City owned Rattlesnake Cyn. 1.01 Vacant City owned 8 December 2, 2014 Item # 4 · l Listed below are the four low priority PAPAs identified in the PSHCP and the target parcels within each PAPA. The list includes the individual parcels, their size and condition. Private Properties From time to time, the City is contacted by private property owners, conservation entities, or brokers asking if the City is interested in acquiring properties for preservation. These properties may or may not be on the PAPA List and may contain high biological value. Staff will evaluate those parcels on a case-by-case basis against the criteria in this strategy. However, it is not likely they will hold as high of a priority for acquisition as those already on the list. Tax Default Parcels From time to time , the City becomes aware of tax default parcels located within Poway . Many of these parcels are located within the Mitigation Area and contain biologically significant habitat and may or may not be in the PAPA list as a target parcel. Staff will 12 of 25 9 December 2, 2014 Item# L{ ·l seek to consider the tax default parcels in the list of potential acquisition sites, if they meet the parcel selection requirements. Summary Section 7.6 Funding/Financing of the PSHCP states that implementation of the PSHCP will be financed through in-lieu mitigation fees and state/federal grants. A major portion of the in-lieu fees must be used by the City to purchase lands within the Mitigation Area. The acquisitions shall be preferentially directed to lands within the PAPAs with first priority given to habitat located in high priority PAPAs. The PSCHP encourages annual acquisition of mitigation parcels to help reach the 10,800 preservation acres required by the PSHCP. The City Council has directed staff to develop a strategy to study and potentially acquire parcels of land to implement future preservation efforts consistent with the PSHCP. City staff is presently refining the list of PAPA parcels, noted above, to determine availability and the best acquisition opportunities. The list includes priority acquisition parcels within the PAPAs. Future acquisition efforts will target those parcels that best meet the preservation goals of the PSHCP. While the PSHCP encourages acquisitions from the high priority PAPA list, selection from this list is not mandatory. Staff will use this acquisition strategy to make recommendations to the City Council regarding parcels to acquire for open space preservation based on the funds available in the City's Habitat In-Lieu account, parcel availability, and consideration of the factors outlined in this memorandum. 13 of 25 10 December 2, 2014 Item# !1. \ Exhibit A SUPPORTING SECTIONS FROM THE POWAY SUBAREA HABITAT CONSERVATION PLAN (PSHCP) Excerpt from Section 5.5 of the Poway Subarea Habitat Conservation Plan (PSHCP) PROPOSED RESOURCE PROTECTION AREAS (PRPAs) The following section discusses the attributes of each of the PRPAs and rates each for its preservation value, the risk to this value under existing levels of protection, and its priority for acquisition to enhance protection. Where PRPAs overlap the County Resource Conservation Areas (RCAs), the RCAs are identified by number. Where appropriate, the results of the region's Multiple Species Conservation Program (MSCP) California gnatcatcher and composite habitat evaluation models are also presented (Ogden et al. 1995). The California gnatcatcher habitat evaluation model developed for the MSCP is consistent with the evaluation process developed by the Scientific Review Panel (SRP 1993) for determining the long-term conservation value of land for the coastal sage scrub identified in the State's Natural Community Conservation Plan (NCCP). The model rates habitats from no value to very high value for long-term conservation of gnatcatchers based on patch size, vegetation composition, connectivity, slope, elevation, and climatic zone. Much of the coastal sage scrub habitat in Poway rates as very high value by this model, with higher and steeper elevation areas varying down to moderate habitat value. Many of the PRPAs contain predominantly very high quality habitat based on this model. In the following discussions, model results are presented only for those PRPAs not rated as predominantly very high quality habitat by this model. The composite habitat evaluation model considers other sensitive habitats and target species in addition to coastal sage scrub and gnatcatchers in rating areas for their regional importance in the MSCP study area. Thus, such areas as wetland habitats, wildlife movement corridors, and areas of clay soils may rate as high or very high habitat value using this model. Nearly all PRPAs contain predominantly very high quality habitat based on this model. Again, only results for PRPAs not rated as predominantly very high quality by this model are presented in the following discussion. PRPA 1 This area supports coastal sage scrub on relatively flat slopes adjacent to the San Dieguito River Valley and the corresponding Mitigation Area for the San Dieguito River Park (SDRP). It also contains oak riparian woodland. It is relatively undisturbed and known to support a number of California gnatcatcher pairs. Flatter coastal sage areas are currently underrepresented in protected areas, such as cornerstone lands and areas of 45 percent or greater slopes. PRPA 1 is immediately adjacent to coastal sage on non-developable 45 percent or greater slopes, and includes scattered oak woodlands in County RCA 55. Protecting this area would add to the value of this larger block of habitat and help ensure connectivity to the SDRP. Limited development of rural residences may degrade the biological resources, but would probably not sever the linkage. 11 14 of 25 December 2, 2014 Item# '1· \ PAPA2 PRPA 2 is also adjacent to the SDRP Mitigation Area, supports coastal sage on relatively flat slopes, and is part of a much larger block of coastal sage scrub supporting California gnatcatchers and other sensitive species. It is relatively undisturbed, is contiguous with significant riparian oak vegetation, and forms part of an important linkage between the Poway Subarea Mitigation Area and the SDRP Mitigation Area. PRPA 2 is included in County RCAs 56 and 69. It is at low to moderate risk of fragmentation by rural residential development. PAPA3 PRPA 3 represents a large (approximately 360 acres), relatively flat area of coastal sage scrub immediately north of the Old Coach Golf Estates Planned Community. Although partly disturbed by a variety of dirt roads and trails, this area warrants further study as a potential cornerstone. In addition to coastal sage scrub that is known to support orange-throated whiptails, the area contains some oak woodlands and grasslands and is surrounded on most sides by non-developable slopes of greater than 45 percent. The area could be fragmented by rural residential development under current constraints. PAPA4a This area represents a constrained linkage through coastal sage scrub and riparian oak woodland east of the Old Coach Golf Estates. Existing, scattered housing has fragmented the coastal sage linkages in the vicinity. Protection of a few key parcels here might ensure that further development, allowed under existing zoning, would not sever this already constrained linkage. Remaining parcels in this area should be targeted for acquisition and restoration to maintain the linkage. PAPA 4b This PRPA primarily represents the riparian vegetation and adjoining coastal sage scrub and chaparral communities along Thompson Creek. Although it scores low as gnatcatcher habitat, this area rates very high using the composite habitat evaluation model. Riparian vegetation is off limits to development, but houses in adjacent chaparral could degrade habitat quality in the area, which includes County RCA 57. PAPA 5 This 37-acre parcel is immediately adjacent to the existing Lower Sycamore Creek Cornerstone and the Old Coach Golf Estates open space areas. It supports coastal sage scrub, riparian woodland, and a variety of sensitive species, but it is surrounded on three sides by existing development and is therefore highly edge-affected. Under the special development requirements (Section 7) this parcel could support one dwelling unit, or a maximum of 2 acres of vegetation removal, which would degrade biological value slightly more. This area deserves consideration for acquisition as a buffer for the existing cornerstone and open spaces only if it is readily available and acquisition would not use resources better applied to higher priority parcels. PAPA 6 This PRPA, lying between the large avocado orchard and Old Coach Golf Estates, supports oak riparian forest, coastal sage scrub, and disturbed and developed habitats. Its primary benefit to the preserve system is in widening and buffering the habitat linkage and wildlife 12 December 2, 2014 Item # Lt ·l 15 of 25 movement corridor along Sycamore Creek through this already constrained area. PRPA designation for this area encourages any future development on this property to be clustered in areas not currently supporting native vegetation, such as .in the existing avocado orchard. Restoration or enhancement in the remaining native habitat areas of PRPA 6 should be considered. PAPA 7 This area represents a constrained linkage and wildlife movement corridor. The large avocado orchard in this vicinity funnels wildlife movements around it either to the west (along Sycamore Creek) or the east, along a prominent ridge through PRPA 7. The ridge top may represent a movement corridor for mountain lions, deer, and other animals. PRPA 7 also represents a chaparral and coastal sage scrub habitat linkage between the Mount Beatrice Cornerstone and the Blue Sky-Mount Woodson cornerstone. Although only rated as low quality habitat by the regional habitat evaluation models, this PRPA deserves consideration for acquisition to preserve this linkage if there is an increased risk of its disruption. PAPA 8 One or more undeveloped parcels in this area are considered essential to preserving the habitat linkage between Blue Sky Ecological Reserve and habitats to the north via Sycamore Creek and the Old Coach Golf Estates open space areas. The Butcher property (see Section 5.1.1 0) was purchased by the City of Poway as mitigation to help preserve this highly constrained linkage and movement corridor. Other parcels in PRPA 8, between the Butcher property and Blue Sky Ecological Reserve, should be targeted for acquisition to ensure the integrity of this connection. PAPA 9 This area of approximately 60 acres lies between the Blue Sky-Mount Woodson cornerstone and two biological open space easements south of Lake Poway. It is covered by coastal sage scrub and supports some gnatcatchers. However, it is highly edge-affected by surrounding development and has some disturbance onsite. As a result it is rated only as moderate quality habitat by both regional habitat evaluation models. This area is therefore low to medium priority for acquisition. Preserving it would add incrementally to protected sage scrub habitat, would help buffer the large cornerstone, and would tie in existing open spaces supporting coastal sage scrub. However, this PRPA should only be acquired if readily available and so long as it does not take resources from higher priority PAPAs. PAPA10 This is an area of relatively gentle, coastal sage and chaparral covered slopes in the southern and western portions of Twin Peaks. It is contiguous with existing open space easements for the Rancho Arbolitos Planned Community that also support coastal sage scrub. Together, PRPA 10 and the existing open space area support approximately 17 gnatcatcher pairs (Ogden, unpublished 1994 data). This PRPA overlays with the Twin Peaks RCA (County RCA 59). It was rated as moderate value gnatcatcher habitat and high value multiple species habitat by the two regional habitat evaluation models. Under current zoning, PRPA 10 could be fragmented by rural residential housing. Thus, this area deserves some consideration for further protection to maintain the Twin Peaks gnatcatcher population. Other areas of gnatcatcher habitat on Twin Peaks are steeper, and are less likely to be fragmented by housing development than would PRPA 10. 16 of 25 13 December 2, 2014 Item # l-{ .1 PAPA 11 This PRPA north and west of Rattlesnake Canyon represents a relatively flat area of coastal sage scrub that supports large numbers of gnatcatchers and other sensitive species. It is part of the County-designated Rattlesnake Canyon Mitigation Area (County RCA 62) and was identified as an important biological resource area in the Poway Detailed Biological Assessment (ERCE 1991 ). Because the area mostly lies on slopes of less than 45 percent it could be partially built out and moderately fragmented according to its zoning as RR-A. Relatively flat coastal sage scrub areas are under-represented in current cornerstones and other protected areas. This PRPA also represents the closest significant area of gnatcatcher habitat to Twin Peaks and may support a source population for Twin Peaks. PAPA12 This PRPA lies along the lower portions of Rattlesnake Creek. It consists primarily of steep slopes supporting coastal sage scrub and chaparral, with oak riparian forest along the creek. The area was zoned for residential development by the County of San Diego before the City of Poway was incorporated, and is subdivided into many small parcels (average approximately one acre). While the potential build out analysis based on zoning and parcel size indicates that the area could be largely developed, existing constraints due to slopes and sensitive vegetation types make this highly unlikely. Many of the parcels will probably not be developed and may be available at reasonable cost as additional biological open space within the Mitigation Area. PAPA 13a This high priority PRPA contains the central swath of coastal sage scrub habitat connecting north to south through Poway. Protecting this important core and linkage area is essential to the Poway Subarea HCP. Habitat in this PRPA is predominantly coastal sage scrub on relatively gentle slopes. It is known to support gnatcatchers, and is part of a larger area of contiguous sage scrub. The precise boundaries of PRPA 13a could be adjusted based upon further study, so long as the contiguity of sage scrub habitat is kept substantially intact and free of development between the Blue Sky-Mount Woodson Cornerstone and the Sanrex property. Under existing and proposed constraints on development, this area could be moderately to heavily fragmented by rural residential housing. Parcels in this area should be targeted for acquisition to protect this essential core and linkage habitat. PAPA 13b PRPA 13b includes two areas of predominantly sage scrub on either side and immediately adjacent to PRPA 13a. These areas support a number of target species, including healthy populations of gnatcatchers. Under existing development constraints, these areas could be moderately to heavily fragmented by rural residential housing. They are medium priority areas for acquisition to minimize detrimental effects of this potential fragmentation. Adding parcels in PRPA 13b to the preserve system would buffer the essential north-south sage scrub linkage (PRPA 13a) and add valuable core habitat. The western portion of this PRPA also connects with the Rattlesnake Canyon Cornerstone to the west. 14 December 2, 2014 Item#'-\. f 17 of 25 PRPA14 PRPA 14 lies east of State Highway 67 at the base of Iron Mountain and steep slopes north of Iron Mountain. It provides a buffer to the Iron Mountain and Rock Haven Cornerstones, adds a band of coastal sage scrub bordering along already protected chaparral vegetation, and provides an alternative north-south linkage for gnatcatchers to that defined by PRPA 13a. Effectively, designating this area as a PRPA helps focus attention on clustering development close to Highway 67, and away from the already protected areas, on several large parcels lining the east side of the highway. Otherwise, the sage scrub in this area could become moderately fragmented by scattered residential housing in the foothills bordering the cornerstones. PRPA15 PRPA 15 lies between the east side of Highway 67 and the Iron Mountain Cornerstone. It supports predominantly coastal sage scrub habitat occupied by gnatcatchers. San Diego horned lizards and slender-pod jewelflower have also been observed there. This PRPA is at relatively low risk of fragmentation under existing and proposed development requirements. Similar areas north and south of this PRPA are already highly fragmented by housing development and agriculture, increasing the importance of this area to maintaining the linkage between the high elevation chaparral habitats to the east and the lower, sage-scrub dominated landscape to the west. Parcels in this area should be considered for acquisition to maintain an unfragmented connection. PRPA16 This PRPA contains a constrained coastal sage scrub linkage connecting the large open space areas in the eastern portion of the Mitigation Area with those surrounding the South Poway Planned Community. A narrow band of coastal sage scrub, constricted by existing development and habitat disturbance, links larger areas east and west of the Sanrex property. This coastal sage scrub linkage supports at least one sensitive plant species, slender-pod jewelflower. A variety of sensitive species are found in the broader areas it connects, including San Diego barrel cactus, San Diego horned lizard, and California gnatcatcher. Further development or habitat disturbance in the area could sever this important linkage and wildlife movement corridor. Under current development restrictions this area could be moderately to highly fragmented by rural residential housing. PRPA 17a This area adjoins the South Poway Planned Community Cornerstone in an area already constrained by adjacent development. It supports coastal sage scrub known to be occupied by gnatcatchers and San Diego barrel cactus. This PRPA is part of a partially fragmented habitat linkage north of the planned community. Parcels within the PRPA are zoned for RR-C, and could be largely developed under this designation, further degrading the linkage. Parcels in this area should be targeted for acquisition and restoration to help buffer the cornerstone and preserve the function of the coastal sage scrub linkage. 18 of 25 15 December 2, 2014 Item# 4 · \ PRPA 17b This portion of PRPA 17 supports similar resources and similar risks as PRPA 17a, but is more removed from the existing cornerstone, is not known to support as many sensitive resources, and may be more edge affected. Acquiring parcels in this area would add incrementally to the existing resources in the preserve and help buffer the South Poway Cornerstone. However, it is of lower priority than PRPA 17a for the above reasons. PRPA18 This highly constrained and disturbed area is nevertheless important to overall preserve function and thus of high priority. It represents a "weak link" in the highly fragmented and constrained regional habitat linkage and wildlife movement corridor connecting through the South Poway Cornerstone to Van Dam Peak and Los Penasquitos Canyon Preserve, west of Poway. The northern half of this PRPA is an island of coastal sage scrub and chaparral that is contiguous with a portion of the Public Review Draft MSCP proposed preserve area in the City of San Diego. It is considered a "stepping stone linkage" connecting sage scrub habitat in the South Poway Cornerstone and Van Dam Peak. The southern half of the PRPA supports oak riparian woodland in County RCA 64. This habitat is currently highly disturbed by human activities and a portion of it is currently being restored to mitigate for impacts of the Scripps Poway Parkway Extension on wetlands and oaks. A mobile home park currently exists under the canopy of the mature oak trees in the floodplain of Beeler Creek. Other residences lie on either side of the riparian woodland, which also supports a small city Park. This riparian strip once functioned as an important wildlife movement corridor. Its current utility is marginal at best for deer, mountain lions, or other target species, due to human impacts. The City of Poway is planning to relocate the mobile home park out of the flood plain of Beeler Creek. This area should be protected and restored as soon as feasible. PRPA19 This area occupies the eastern and southern flanks of Van Dam Peak and is adjacent to the existing Van Dam Cornerstone. It supports mostly high quality sage scrub habitat that supports numerous gnatcatchers as well as other target species. The area is currently at low to moderate risk of fragmentation, but given the already somewhat isolated nature of Van Dam Peak, any further fragmentation could be highly detrimental to the function of this core gnatcatcher population, as well as to the regional linkage in this area. Parcels in PRPA 19 should be considered for acquisition to add to the existing cornerstone and help maintain the "stepping stone linkage" with the South Poway Cornerstone. PRPA20 PRPA 20 comprises that portion of the Sanrex property lying within the City of Poway. It forms part of the broad biological core area that remains largely intact from southeastern Poway to Sycamore Canyon County Park. The Sanrex property supports a high quality mosaic of coastal sage scrub and chaparral and a wide variety of sensitive species. The property is currently at relatively low risk of development due to existing land use, constraints (steep slopes) and its management as a land mitigation bank. However, this biologically valuable property is not 100% protected until the land is purchased for habitat preservation. This would add a valuable cornerstone to the regional preserve system. Because of the high biological value and availability of property in the PRPA, public acquisition within the Sanrex property is encouraged by the Subarea HCP. 19 of 25 16 December 2, 2014 Item# 4.\ PRPA Priority2 1 Medium 2 Medium 3 Medium 4a High 4b Medium 5 Low 6 Medium 7 Low 8 High 9 Low 20 of 25 Table S-4 ACQUISITION PRIORITY RANKINGS FOR PROPOSED RESOURCE PROTECTION AREAS 1 Preservation Value 3 Risk 4 Comments Medium Medium Although development could impact portions of the area, the linkage should remain functional. Medium Medium Relatively flat coastal sage scrub, moderate risk of fragmentation. Medium High Relatively flat coastal sage scrub, high risk of fragmentation. High High Constrained sage scrub linkage; target parcel(s) for purchase. Medium Medium Thompson Creek riparian; probably degradation from adjoining development. Edge affected sage scrub and Medium Low riparian. May buffer existing open space preserves. Coastal sage scrub and oak riparian Medium Medium forest fragmented by avocado orchard. Effectively widens the Sycamore Creek corridor. Medium Low Constrained linkage and movement corridor through chaparral. Consider acquisition if risk increases. Highly constrained linkage; High High target parcel(s) for purchase. Edge affected. Would connect Low High small, isolated easements to cornerstone. Consider acquisition if available. 17 December 2, 2014-Item# '-l ·' PRPA Priority2 10 Medium 11 Medium 12 Medium 13a High 13b Medium 14 Medium 15 Medium 16 High 17a High 17b Medium 21 of 25 Table S-4 (Continued) ACQUISITION PRIORITY RANKINGS FOR PROPOSED RESOURCE PROTECTION AREAS 1 Preservation Value 3 Risk 4 Comments Medium Medium Scenic value in addition to gnatcatcher habitat. High Medium Important gnatcatcher habitat. At moderate risk of fragmentation. Medium Medium Many small parcels may not be developable; consider opportunistic purchases. High High Very important sage scrub core and linkage at high risk of fragmentation. Target for acquisition. Important sage scrub habitat at Medium High periphery of essential linkage (lla). High risk of fragmentation. Alternative sage scrub linkage and Medium Medium buffer to cornerstones. Some risk of fragmentation. Valuable connection from sage scrub Medium Medium to Iron Mountain. linkage may be fragmented but functional after buildout. Important linkage; consider High High purchase to allow restoration following construction of Scripps Poway Parkway extension. Target for acquisition to widen High High coastal sage scrub linkage. Edge affected. Consider for Medium High acquisition as buffer. 18 December 2, 2014 Item# L.\ • \ PRPA Prioritl 18 High 19 Medium 20 Low Table S-4 (Continued) ACQUISITION PRIORITY RANKINGS FOR PROPOSED RESOURCE PROTECTION AREAS 1 Preservation Value3 Risk4 High High High Medium High Medium Comments Restoration needed; part of regional linkage/corridor. Consider acquisitions to add to existing cornerstone, maintain linkages. Part of regional core and linkage; currently managed as a habitat mitigation bank but not 100% protected 1 These priority rankings were developed based on available information and are subject to revision as new information warrants. 2 Priority for acquisition: High= target parcels for acquisition as essential portions of preserve; Medium =study for acquisition opportunities as important additions to preserve; Low = consider parcels for acquisition as opportunities are presented, but not at the expense of protecting higher priority parcels. 3 Preservation Value: High = biological resources, including linkages or corridors, whose loss would irreparably damage preserve design and could not be mitigated; Medium = biological resources onsite are important to preserve design, but their loss may be partially mitigable elsewhere in the preserve; Low= loss of biological resources onsite would not disrupt overall preserve function. 4 Risk of loss of onsite resources: High = existing zoning, ordinances, and guidelines are insufficient to protect the onsite biological resources; Medium = existing zoning, ordinances and guidelines offer partial protection to onsite resource values; Low = existing zoning, ordinances and guidelines sufficiently protect onsite resource values. 7.7 HABITAT MITIGATION COMPENSATION "IN-LIEU" FEE PROCESS AND SCHEDULE 7. 7.1 Purpose and Intent The purpose of the "in-lieu" fee is to provide an efficient and viable option for biological resource impact mitigation. This option will promote the interim protection, permanent acquisition, and preservation of critical resources within the Mitigation Area. It is intended that the in-lieu fee serve as mitigation compensation for direct, indirect, and cumulative impacts, where the direct purchase of habitat lands by a project proponent is determined by the City to be infeasible, on a project-by-project 22 of 25 19 December 2, 2014 Item# '1.1 basis. The in-lieu fee will be administered by the City through the established Resource Conservation Area Acquisition Fund Account. The fee will include adequate funds to cover the long-term operation, maintenance, and management costs of the HCP preserve system. 7.7.2 Project Qualifications for the In-Lieu Fee Option Section 7.2 of the Implementing AgreemenVManagement Authorization and Section 7.5 of this HCP describe the Compensation Mitigation and Mitigation Ratios to be applied throughout the duration of the incremental implementation of the Agreement and the HCP. As described therein, the in-lieu fee option may be considered after onsite/offsite and in-kind/out-of-kind mitigation measures have been fully considered, to the satisfaction of the City. 7. 7.3 In-Lieu Fee Process 1. The City will accept and deposit such fees in the established fund account. As determined by the Parties of the Agreement, the fee will satisfy the mitigation compensation requirements of both planned public and private development projects located within the City's jurisdiction, and also for such projects located in other jurisdictions. 2. Funds accepted and deposited in the account established for such purpose will be expended by the City as soon as possible following the approval of project mitigation measures, but no later than one year from the date of such approval unless extension of this period is mutually agreed to by the wildlife agencies and the City of Poway. The City will use such funds to acquire habitat lands within the Mitigation Area, with first priority given to habitat located in high priority PAPAs. 3. Pursuant to established City policy, the City will contract the professional services of an independent third party certified appraiser in connection with its purchase of private land for public purposes. Habitat land purchase will be based on the prevailing fair-market value. 4. The habitat land acquisition will be of the general type and approximate quantity approved under the mitigation measures for the specific development project. The actual acquisition by the City shall be within the Mitigation Area and directed preferentially in PAPAs. Acquisitions shall not be subject to the further review or approval of any other party of the Agreement. In conjunction with acquisition, the City will execute a biological open space easement upon the acquired habitat land. The easement document will be drafted to identify the USFWS and CDFW as co-beneficiaries of such easement in perpetuity. On an annual basis, the City will initiate a General Plan Amendment/Zone Change to redesignate the land use and zoning of recorded easements to the Open Space-Resource Management designation, in order to permanently protect and preserve the habitat within such recorded easements 23 of 25 20 December 2, 2014 Item# Lf • f 7.7.4 In-Lieu Fee Schedule 1. The in-lieu fee will apply only to non-wetland habitats. Impacts to wetlands, such as vernal pools and other habitats subject to the no net loss goal, shall first be avoided to the greatest extent possible. Unavoidable wetland impact compensation mitigation will consist of the creation of wetland habitats or restoration of disturbed wetland habitats. 2. In-lieu mitigation fees shall be assessed in accordance with a fee schedule adopted by the City Council. 3. The City will re-evaluate the in-lieu fee every two years and may consider adjustments based on market land value and comparable sales of habitat mitigation land. 4. The City will direct the purchase and preservation of land within the Mitigation Area through the use of mitigation fees which will be used for the following purposes: 24 of 25 • To purchase and hold preserve lands -State law allows Poway to hold and receive property, purchase and sell property, receive gifts of property, reduce or eliminate tax burdens on lands, and limit liability. • Operate mitigation banks -The City or a selected land conservancy shall assemble or purchase land to be used as a mitigation bank and broker trades of land and agreements for public or private entities to receive mitigation credit in exchange for purchase of lands in a mitigation bank. The mitigation banks will exist within the Mitigation Area and preferably within PAPAs. 21 December 2, 2014 Item # L.\ .t Subarea Habitat Conservation Plan/NCCP MAP 3: PRESERVE DESIGN -COmtlltD•e Utili t9Sitlll I:Q .. fltJtM(I) 25 of 25 Cchrr Flltltt,er,.....,..,tlly Olonecl 0:411 S;a 1&~10 I:Q .. IItlti'4C!I 44 .... Sk:pu II :0.. ~liM d) Ootn~mO.I!lde rP~ 80Un1rt -0!\tte S(lf~l PCMtt 1'\y ~{ll".,adtll PW!s Cllllnt~ ..,, O."lliJid ~lUI Pmpatdq .. A...,. Prultdbn mu WRPAl s,.,.,~ 10 N.m:tn CJ DrlltiiSCP ~"b->ilb!al PU•nn~MI• N l.ld:;ldt~~ A1~ .. IIIIIIJY 5¥1 OOS;IUIX! JPA BO•I\W) N !I:I:QCII Co•t and Lra•lll""• (ao.,l) 1\Jili Pesdrrrliii'Mllln BCU.!!~ ""urwd) HitlUI 1011101 RCA, 0Jalde6Q.~ ~~P-1\-ta -......... .. ~~ .............. , N~-_....,.,. ,, ..... N --- _.__ -~ December 2, 2014 Item#"\·' 1 of 15 APPROVED D APPROVED AS AMENDED D City of Poway COUNCIL AGENDA REPORT (SEE MINUTES) DENIED D REMOVED D CONTINUED ________ __ DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: RESOLUTION NO. _____ _ December 2, 2014 Honorable Mayor and Members of the City Council Honorable Chairman and Members of the Successor Agency to the Poway Redevelopment Agency Daniel Singer, City Manager/Executive Director ..8 ..d. Scott Edwards, Director of Administrative Services Peter Moote, Assistant Director of Administrative Service~~ Andrew White, Finance Manager()~ Approval of Agreement for Financial Advisor Services The City and Successor Agency engage the services of a financial advisor to assist with management of the City and Successor Agency debt, and the development of financing alternatives for a variety of projects. It is recommended that the City Council authorize the attached agreement (Attachment 1) with KNN Public Finance to serve as the City's financial advisor. Recommended Action: Authorize the City Manager to enter into an agreement with KNN Public Finance for financial advisor services. Background: Since 2010, the City, former Redevelopment Agency, and Successor Agency have utilized the services of Magis Advisors to provide financial advisor services. The City's procurement policy limits the terms of engagements for professional services to five years or less, where practical. In August 2014, the City solicited proposals for financial advisor services from qualified firms. December 2, 2014 Item #4.2 2 of 15 Financial Advisor Services December 2, 2014 Page 2 Services to be provided include: • As-needed financial advice regarding market conditions and trends, financial products, credit and credit analysis, third-party alternative financing, and special facility financing. • Review of the City's long-range financing strategy, particularly with respect to its capital improvement program. o Assist the City with potential refundings and new money issues, including but not limited to, analyses and evaluations of underwriter proposals, financing structure, pricing, rating and insurance proposals, reserve fund (re)investment, assistance with preparation and review of related documents, and coordination of financing team and schedules. • Development of a Debt Policy establishing the principles, controls, and guidelines for issuance and management of City debt. • Participate in rating agency presentations. • Assist with the preparation of a Request for Proposals and serve on an evaluation committee for selection of underwriting firms for the City's potential refundings and new money issues. Findings: Six qualified firms responded to the City's request for proposals for financial advisor services. Based upon the short-listed proposals, the maximum projected fees for services assuming a three-year engagement and three potential financings are shown in the following table. Financial Advisor Services Proposed Cost for Three-Year Agreement with Three Financings (Maximum Projected) .. · ·,.· 'N0N-TRANS:t\C"'fiO~~:«L 'TRAN~A,GTIQN}\l TOTAL F!~l\/1 ! ' ' KNN Public Finance $ 22,500 $ 155,000 $ 177,500 Fieldman-Rolapp $ 21,750 $ 158,000 $ 179,750 PFM Advisors $ 24,375 $ 158,000 $ 182,375 First Southwest $ 26,625 $ 215,000 $ 241,625 In addition to evaluating the firms' proposals, the evaluation team conducted in-depth interviews with principal staff of the four short-listed firms. With the evaluation process completed, it is recommended that KNN Public Finance (KNN) be engaged as the City's financial advisor. December 2, 2014 Item #4.2 3 of 15 Financial Advisor Services December 2, 2014 Page 3 In support of this selection, the California Debt and Investment Advisory Commission recently reported that, for the months of January through June 2013, KNN ranked 1st in the total dollar value of bond deals completed and 3rd in the number of completed bond deals. For the months of January through June 2014, KNN Public Finance ranked 3rd in the total dollar value of bond deals completed and 5th in the number of completed bond deals. KNN's consistent high rankings indicate they have the prerequisite experience as a financial advisor on all sizes of bond issuances. Mark Young and David Brodsly, Managing Directors, along with Assistant Vice President Sujay Umashankar, would serve as the principal staff assigned to Poway. Together, this group would bring extensive experience to the City's finance team, particularly in the areas of expertise applicable to the City's financial program needs over the immediate and near term. The City anticipates using KNN's proposed fixed-fee schedule for most transactional services, including new bond issues and refundings, as specified in Attachment 2 (from the firm's proposal). Use of fixed-fee structures for the City's prior transactions has proven to be cost-effective, and services are paid as part of the costs of issuance. Fees for non-transactional work are to be quoted on a task-specific basis using the proposed fee schedule, to include assistance with ongoing bond disclosure reporting and long- term financial planning. KNN has agreed to include development of the City's debt policy should the City proceed as anticipated with the refunding of eligible Successor Agency debt in the first year of engagement. Fiscal Impact: Under the agreement, fees for transactional services are paid as part of the costs of issuance. Non-transactional work and policy development will be funded on an as- needed basis, using task-specific quotes. Environmental Review: This item is not subject to CEQA review. Public Notification: KNN Public Finance has been notified of this report. Attachments: 1. Agreement with KNN Public Finance, Inc. for Financial Advisor Services 2. Fee Schedule from Proposal (full proposal available in the City Clerk's Office) December 2, 2014 Item #4.2 4 of 15 City of Poway AGREEMENT FOR CONSULTANT SERVICES This Agreement, entered into this 3rd day of December, 2014 by and between the CITY OF POWAY (hereinafter referred to as "City") and KNN Public Finance, Inc. (hereinafter referred to as "Consultant"). RECITALS WHEREAS, City desires to obtain the services of a private consultant to perform Financial Advisor Services; and WHEREAS, Consultant is a Financial Advisor and has represented that Consultant possesses the necessary qualifications to provide such services; and WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth. NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS: 1. Scope of Services. Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 2. Compensation and Reimbursement. City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 3. Term of Agreement. The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 4. Termination. This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60-day period Consultant shall perform all consulting services in accordance with this Agreement. This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. Attachment 1 December 2, 2014 Item #4.2 5 of 15 Financial Advisor Services Agreement Page 12 5. Confidential Relationship. City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 6. Office Space and Clerical Support. Consultant shall provide its own office space and clerical support at its sole cost and expense. 7. Covenant Against Contingent Fees. Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 8. Ownership of Documents. ·All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand. Attachment 1 December 2, 2014 Item #4.2 6 of 15 Financial Advisor Services Agreement Page 13 9. Conflict of Interest and Political Reform Act Obligations. During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest ordinance. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. "Consultant" means an individual who, pursuant to a contract with a state or local agency: (A) Makes a governmental decision whether to: 1. Approve a rate, rule or regulation; 2. Adopt or enforce a law; 3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; 4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval; 5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract; 6. Grant City approval to a plan, design, report, study, or similar item; 7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or (B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in Regulation 18702.2 or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code. Attachment 1 December 2, 2014 Item #4.2 7 of 15 Financial Advisor Services Agreement Page 14 DISCLOSURE DETERMINATION: D 1. D 2. ConsultanUContractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. No disclosure required. ConsultanUContractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, ConsultanUContractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law. DEPARTMENT DIRECTOR 10. No Assignments. Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. 11. Maintenance of Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested. 12. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services. 13. Licenses, Permits, Etc. Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession. Attachment 1 December 2, 2014 Item #4.2 8 of 15 Financial Advisor Services Agreement Page 15 14. Consultant's Insurance. Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. 15. Liability. Notwithstanding any other prov1s1on contained in this Agreement, Consultant shall be responsible for all injuries to persons and for all damage to real or personal property of City or others, caused by or resulting from the wrongful act or negligent acts, errors, or omissions of itself, its employees, or its agents during the progress of, or in connection with, the rendition of services hereunder. Consultant shall hold harmless and indemnify City, and all officers and employees of City from ail costs and claims for damages to real or personal property, or personal injury to any third party, including reasonable attorney fees resulting from the negligent performance of Consultant, its employees, or its agents, under this Agreement. 16. Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 17. Personnel. Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects. City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect. Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect. 18. Notices. Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof. Attachment 1 December 2, 2014 Item #4.2 9 of 15 Financial Advisor Services Agreement Page 16 19. Arbitration. In the event of a dispute between City and Consultant concerning the terms of this Agreement or its performance, the parties agree to submit such dispute to arbitration before the American Arbitration Association or other mutually acceptable arbitrator. In the event that the subject of such arbitration is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause. In the event of arbitration, each party shall bear its own attorneys' fees and costs incurred. 20. Gender. Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder. 21. Counterparts. This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding. 22. Entire Agreement. This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. 23. Pension Reform Act of 2013 At all times during the term of the Agreement with the City, no officer, director, shareholder, member, partner, employee, or contractor, providing services to the City, will be a "retired annuitant," under the City's retirement system, ineligible for temporary employment under section 7522.56 of the California Government Code, which was added as a part of the Pension Reform Act of 2013. For the purposes of this statement a "retired annuitant" is a person retired from the California Public Employees' Retirement System ("CaiPERS"). Any retired annuitant proposed to provide work on behalf of the City must be eligible for appointment under the Pension Reform Act of 2013, and any other applicable laws, without any adverse financial impact to the City. Attachment 1 December 2, 2014 Item #4.2 10 of 15 Financial Advisor Services Agreement Page 17 IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written. City of Poway Consultant Approved as to form: Company Name: KNN Public Finance, Inc. Office of the City Attorney Dated: Dated: -------------------------------------------- By: ____________________ _ By: ________________________ __ Its: Morgan Foley, City Attorney Its: ---------------------------- Dated: ------------------- By: ___________ _ Its: Daniel Singer, City Manager Attachment 1 December 2, 2014 Item #4.2 Financial Advisor Services Agreement Page 18 "SPECIAL PROVISIONS" EXHIBIT "A" A. Scope of Services. Consultant agrees to perform consulting services as required by City, and shall provide the necessary qualified personnel to perform the services as described in Consultant's Proposal for Financial Advisor Services dated August 25, 2014, attached to this agreement and made a part of herein. B. Compensation and Reimbursement. City shall pay Consultant as enumerated in Consultant's Proposal for Financial Advisor Services dated August 25, 2014. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received. In addition to said consulting fee, Consultant shall be reimbursed for all reasonable expenses, including lodging, telephone, and travel (air, auto, rail) necessarily incurred in performance of the services. Consultant shall bill City for such expenses as incurred, referencing this Agreement. All expenses shall be itemized and supported by receipts for amounts in excess of Twenty-Five Dollars ($25.00). Statements for reimbursement of expenses shall be paid within ten (1 0) days of approval by City. All air travel shall be billed at coach or special fare rates. Only lodging outside San Diego County shall be reimbursable. Consultant shall receive prior authorization for air travel and lodging expenses. All other expenses shall be reimbursed in accordance with City's cash disbursement policies in effect at the time incurred. C. Term of Agreement. This Agreement shall be effective from the period commencing December 3, 2014 and remain in effect until terminated as provided in the section of this Agreement entitled "Termination." Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purpo~es of this Agreement. 11 of 15 Attachment 1 December 2, 2014 Item #4.2 Financial Advisor Services Agreement Page 19 D. Consultant's Insurance. 1 . Coverages: Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a). Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability: $500,000 per person per occurrence/ .......... $1,000,000 aggregate per occurrence/$500,000 property damage per occurrence (b) Automobile Liability, including owned, hired, and non-owned vehicles with the following insurance coverages: Auto Liability: $ 500,000 per person per occurrence/ ............. $1,000,000 aggregate per occurrence/$1 00,000 property damage per occurrence (c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000.00 combined single limits, per claim and annual aggregate. (d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance. 2. Endorsements: Endorsements shall be obtained so that each policy contains the following three provisions: (a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice. "Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City." 12 of 15 Attachment 1 December 2, 2014 Item #4.2 Financial Advisor Services Agreement Page 110 (c) Primary Coverage. "The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees. It is not secondary or in any way subordinate to any other insurance or coverage maintained by City." 3. Insurance Certificates: Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement. E. Notices. All notices, billings and payments hereunder shall be in writing and sent to the following addresses: To City: 13 of 15 Scott Edwards Director of Administrative Services City of Poway 13325 Civic Center Drive P.O. Box 789 Poway, CA 92074 To Consultant: Mark Young KNN Public Finance 5757 W. Century Blvd., Suite 700 Los Angeles, CA 90045 Attachment 1 December 2, 2014 Item #4.2 r 1 i ! :._ j f 1 l j r l : I l J n I , , I L J r 1 l J ! 1 L J r, l ~ I l J r: L J L j r' . I l J ~· 1 ! I J l J I . I I l j , I Ll i .. .J 14 of 15 Neither KNN nor any members of the firm have been the subject of a SEC, FINRA, MSRB, federal, state or local government inquiry or investigation associated with the sale, purchase, marketing or other activities related to the securities industry. Neither KNN nor any members of the firm are subject to any threatened or pending litigation or sanctions, nor have they been during the past five years. l(. Cost Proposal and Reimbursement for "Out-of- Pocket" Expenses Presmt a t"Ottcise list qf the scope ofsenlices and the nJ()rk products that your firm proposes to provide. Givm_yottr proposed scope of.ren-ices and IJIOrk prod11cts, disam_your proposed fee atrangement based Otl ea.iJ ofthejollmving alternatives: a. Compensation on a jixed annual cost, payable month!J. b. Cottpcnsatiotl on a time and expense basis, JJ'ith a list qfhour!y btJiin._e, rates for the proposed personnel and a'!)' propo.·ed inmases in sNch rates during the term if the cotttract, and tbe rype.s of reitnb11rsable expenses u#h pmposed charges. c. Cotnpensation on ajilify contingent /JasiJfor specific financing isme.r. Fees will be suiject to atfjttstment based f.fpon assignment by the Director if AdministratitJe Semicu of more than one firm to a single project. Expenses Sitch as trave4 postage, reprod11ction and related costs tte.-essari!J incJtrred as Financial Advisor are to be riflet:ted i11 item K 1 Cost Proposal STich e.:'<j;enses JJ'ill not be eligible for reimbursement 11nless othemJjse determined I?J the Director if Ad111inistrative S en.ices and approved bJ' the Ciry in adt'ant'e. Atry t:osts incumd by Financial AdPi.ror which are not specificalfy provided for herein shall be the e:J<.jlense c!f Financial Advisor. Af!Y 011tissions or ambi,gttities will he constmed ntost jai.'Orab/e to the Ci(JI· A concise list of the scope of services and work products can be found in "Financial Advisory Services Provided" within Section D starting on page 5. a. Compensation on a fixed annual cost, payable monthly. Because the specific needs of the City are not clear to us, it is difficult to propose a specific fixed cost proposal. We recommend that you view any such proposal as indicative, and a starting point in discussions. We are confident that, should the City desire a retainer-based program, that we would reach a mutually agreeable arrangement. If the City desired to pay a retainer for the issuance of one financing, financing planning, policy, and other non-transaction services, we would recommend an annual fee of$70,000. b. Compensation on a time and expense basis. The following represent our standard hourly charges. We would be willing to negotiate not to exceed limits on specific assignments. We would propose annual escalation of fees by 3% a year. Our reimbursable expenses would be limited to third-party expenses such as conference call charges. We Attachment 2 December 2, 2014 Item #4.2 f"1 ; . t. J ll t ~ r 1 I j n I : l J 11 ! ! • I L J r 1 ' I i.. j 11 , I LJ r 1 ! ., ! 1 l j r ·r L J l; r' i i u ( . l_j i i .J 15 of 15 would not anticipate being reimbursed for in-state travel We do charge a $550 per transaction expense charge to reimburse us for Bloomberg and TM3 information services. Hourly Rates Title Hourly Fee Managing Director $345 Vice President $300 AVP/Senior Associate $275 Associate $245 Analyst $200 We have flexibility in our fee schedule, and stand ready to negotiate whatever reasonable compensation approach and amounts the Gty deems appropriate. c. Compensation on a fully contingent basis for specific fmancing issues: The specific fees would be negotiated based on the complexity of the transaction and the length of time from initiation to dosing. L. Fixed Fees Issuance Type Fixed Fee General Obligation $40,000 Enterprise Revenue Bonds $45,000 Certificates of Participation/Lease Revenue $50,000 Bonds · Refunding Tax Allocation Bonds $60,000 Special Assessment Bonds $70,000 Mello-Roos Bonds $80,000 Potential Conflict of Interest You sbo111d advise the Ciry ofat!Y potential conflict knon1t1 ~y_yottr firm and dimm bon', if sekcted,_Your jim; Jl'Ould address Clf!Y conce-ms raised b_;• st1ch potential tmiflict. We are aware of no conflicts of interests in representing the City of Poway as Financial Advisor. KNN serves exclusively as a financial advisor, and neither it nor its parent would underwrite the City of Poway's obligations. To monitor potential conflicts with new clients, we rely on an institutional framework of strong governance and peer review practices. We have succeeded at creating a business Attachment 2 December 2, 2014 Item #4.2 1 of 7 City of Poway COUNCil AGENDA REPORT APPROVED D APPROVED AS AMENDED 0 (SEE MINUTES) DENIED D REMOVED D DATE: TO: FROM: INITIATED BY: SUBJECT: Summary: CONTINUED ____ _ December 2, 2014 Resolution No. Honorable Mayor and Members of the City Council Daniel Singer, City Manager~lf) Scott Edwards, Director of Administrative Services Peter Moote, Assistant Director of Administrative Service~b\_ Recommendations for Water and Sewer Rate Adjustments This report presents recommended changes to the City's water and sewer rates and charges that would take effect in March 2015. Rate changes per Council's direction this evening would be adopted under the provisions of Article XIIID Section 6 of the California Constitution, commonly known as "Proposition 218". The proposed timeline for this process is as follows: December 2, 2014 December 16, 2014 February 17, 2015 March 3, 2015 March 4, 2015 May 201 Rate Workshop Prop 218 Public Hearing Notice sent to rate payers Public Hearing on rates and first reading of the ordinance Second reading of the ordinance New rates in effect First mailing of bills reflecting new rates The proposed water rates would recover increases to the raw water rate and fixed charges adopted by the San Diego County Water Authority in effect January 2015, as well as cover a portion of the City's increased commitment to water capital improvement projects. The proposed sewer rates would reduce the annual operating shortfall for sewer utilities operations. Recommended Action: In order to recover pass-through costs, continue proper maintenance of the water and sewer systems, meet regulatory requirements, and fund necessary capital projects, it is recommended the City Council authorize: 1. Increasing the water commodity rate by 7.75%, and increasing the fixed meter charge by 8.75%; 2. Increasing the sewer use rate by 7.50%, and increasing the fixed sewer service charge by 8.75%. Combined, the proposed increases total $8.22 a month for a customer with median water use (30 units) with tl)e most common residential meter size (3/4-inch), and assigned to the most common sewer tier (2). With Council authorization, the City will proceed with the Prop 218 process to implement the recommended rate changes, effective in March 2015. December 2, 2014 Item #5.1 2 of? Recommendations for Changes to Water and Sewer Rates December 2, 2014 Page 2 Water Rates Background: Due to limited local resources, the City buys nearly 100% of its water supply from the San Diego County Water Authority (CWA). Rate increases adopted by the Metropolitan Water District (MWD) are passed on to the CWA, and ultimately to CWA member agencies, including Poway. The last increase to the City's water rates was in January 2013, when both the service (fixed meter) charge and volumetric commodity charges were increased by 3.5%. Increases to the cost of water and CWA charges at that time were 7.2%, resulting in the City absorbing a substantial portion of the higher pass-through costs. Since that time, the cost of raw water and CWA charges were increased again by approximately 2.5% in January 2014, and CWA increases taking effect January 2015 will result in an additional estimated increase of 7% for Poway. The single largest driver of the January 2015 CWA increase is the recovery of costs for the Carlsbad desalination plant. The cost of improvements for this regional water resource (and its ongoing operation) is projected to increase the region's overall water supply costs by 10%- 12%. The CWA's rate plan anticipates spreading recovery of the higher supply cost through future rates. The City's FY 2014-15 Adopted Budget for water supply, operations, maintenance and administration is $22.98 million. Roughly 65% of this cost is made up of water supply purchases and other pass-through charges from the CWA. The remaining 35% represents the City's cost for operations, maintenance, and administration. Revenue collected by the City from water fees and charges is used exclusively to operate, administer, maintain, and rehabilitate the water system. Cost reduction measures implemented by the City between 2007 and 2012, primarily in response to the economic downturn, have resulted in reduced costs across all operations, including water and sewer utilities. The most significant of these measures includes reduction of the City workforce and the early application of pension reform. Facts and recent trends for water consumption are as follows: • The City's water customer base is comprised of 14,129 service connections; single-family residential customers represent about 89% of the customer base. • Despite moderate increases since 2011-12, overall consumption for FY 2013-14 is still18% below peak use in 2007-08. e Median household bimonthly use declined from 36 units in 2007-08 to 30 units in 2013-14. o An average of 145 customers (residential) per bi-monthly billing period reached the second rate block (200 units or more). December 2, 2014 Item #5.1 3 of? Recommendations for Changes to Water and Sewer Rates December 2, 2014 Page 3 Further, the City declared a Level 2 Water Shortage Alert in August, restricting outdoor watering. Anticipating that water supply challenges will continue, and that the region may experience an allocation (reduced deliveries), the rates presented for Council consideration assume a 6% decrease in consumption from 2013-2014. Water Rates Findings: Based on the cost recovery of water purchases and operating costs, it is recommended that the water commodity rate be increased by 7.75%. The City's water service charge is recommended to increase by 8. 75%. The proposed rate increases would take effect in March 2015. As discussed in the background section of this report, the City's current rates for service and commodity reflect the City's absorption of increases in the cost of water in effect since January 2013. After taking into account all revenue used for recovery of operating expenditures and contributions toward water system capital improvements in FY 2013-14, a $321,000 reduction in the Water Operating Fund resulted. Going forward, increases similar to those proposed for March 2015 may be necessary for 2016 and 2017 in order to maintain an appropriate level of Water Fund reserve, and to provide for needed rehabilitation of the City's aging water system. Preliminary results of the updated water master plan indicate that the annual contribution necessary to fund system rehabilitation projects should be increased from the current $850,000 annual investment to approximately $1.7 million for the foreseeable future. Staff will bring the final Water Master Plan to Council upon its completion. It should be noted that staff continues to actively look for ways to reduce the City's capital costs while still protecting infrastructure. · The Water Operating Fund balance at FY 2013-14 year end is $4.38 million. When combined with the $294,119 balance in the Water Improvement Fund (AB 1600 Development Fees), balances are in-line with the City's financial policy goal of maintaining 20% of annual operating requirements in reserve. The City's rate structure continues to support water conservation; acknowledging small water users via our ratio of fixed (i.e., service charges) to variable (i.e., commodity charges) revenue. The City currently receives approximately 13% of its water revenue through fixed charges. In order to reduce rate volatility caused by unpredictable (due to weather) year-to-year consumption while moving the City closer to full recovery of the fixed costs assessed by the CWA, staff recommends that the City incrementally increase its revenue received from fixed charges to 20% of total revenue. Doing so will require annual increases in service charges that exceed annual cost-indexes as well as annual CWA fixed charge increases. While the percentage of revenue received from fixed charges will increase to 20% over time, revenue from variable charges will be adjusted to achieve overall revenue that is projected to meet, not exceed, the amount necessary to recover operating and system maintenance costs. Additionally, with fixed charges at 20% of total water revenue, the City's ratio would remain well below the 30% industry-recommended standard for water conservation purposes. December 2, 2014 Item #5.1 4of7 Recommendations for Changes to Water and Sewer Rates December 2 , 2014 Page4 If adopted , the rate increases would be in effect March 2015 , and would be reflected on customer bills beginning May 2015 , as shown in the following tables. The increase to water rates and charges for a single-family residential customer with median water use (30 units bi- monthly) and the most common res idential meter size (3/4-inch) would be $5.92 per month . Current and Proposed Fixed Water Meter Charges (All Customer Classes) Meter S1ze I Current Ct1a1ge I Proposed C t1a1 ge ( blrllOilltlly) (blrllOtlthlyi 5/8", 3/4", 1" Fire $28.98 $31 .52 1" $48.30 $52 .53 1-1 /2" $96 .60 $105 .05 2" $154 .56 $168.08 3" $289.80 $315 .16 4" $483.00 $525.26 6 " $966 .00 $1 ,050.53 8" $1 ,545 .59 $1 ,680 .83 Current and Proposed Water Commodity Rates (1 unit= 748 gallons) I Cu1rent I Proposed 81fllOilthly Rate per un1t Rate per un 1t consumpt1on Single Family Block 1 0-199 un its $3 .96 $4 .27 ------------------------------------------------------------------------------Residential Block 2 200+ units $5 .65 $6 .09 Multi Famil y & Uniform $4 .04 $4 .35 Non-Residential In addition to recovering CWA pass-through costs , the proposed rate increases are necessary to continue proper maintenance of our aging water system; meet all state and federal regulations and requirements; fund necessary capital projects ; and continue to provide the best quality service to our customers. The proposed rate changes are expected to result in recovery of day-to-day operating costs . However, because of the need for increased capital reinvestment , staff expects a $776 ,000 reduction in the Water Operating Fund balance at fLScal yearend after allocating funds for system rehabilitation projects. December 2, 2014 Item #5.1 5 of? Recommendations for Changes to Water and Sewer Rates December 2, 2014 Page 5 Sewer Rates Background: Wastewater generated in Poway is collected by the City's sewer system and conveyed to the City of San Diego Metropolitan Wastewater System (Metro), where it is treated and ultimately discharged to the Pacific Ocean. Approximately 54% of the City's costs for providing sewer services are pass-through costs from Metro and other component systems relied on for sewage transport, treatment and discharge. The City's FY 2014-15 Adopted Budget for sewer treatment, operations, maintenance and administration is $8.59 million. Revenue collected by the City from sewer fees and charges is used exclusively to operate, administer, maintain, and rehabilitate the sewer system. Between 2011 and 2012, the City Council reduced sewer commodity charges by 20% followed by no rate changes in 2013. A modest 2% increase to the sewer fixed service charges and commodity charges was adopted for 2014 as the first step toward once again achieving full recovery of sewer operating costs. Combined, these actions have resulted in a reduction in the Sewer Fund balance over time, as reserves have supported operations and allowed absorption of increased Metro pass-through charges. As cited in the water rates background section of this report, cost reduction measures implemented between 2007 and 2012 have resulted in reduced costs across all operations, including sewer utilities. The most significant of these measures includes reduction of the City workforce and the early application of pension reform. Sewer Rates Findings: Sewer rates for single-family residential customers are based on a percentage of winter water use. In the first full billing cycle after January of each year, residential customers are assigned to one of seven bimonthly tiers based upon their lowest winter water consumption averaged over the prior three years. Commercial and other non-residential customers pay sewer charges based on their water consumption for that billing period. All customers also pay a fixed bimonthly sewer service charge based on water meter size and customer classification to recover the City's costs for system capacity, billing, and administrative overhead. In order to continue the gradual climb to full recovery of sewer operating costs and increased Metro pass-through costs, it is recommended that the sewer use (commodity) rate be increased by 7.5%. It is also recommended that the City's sewer service charge increase by 8.75%. The proposed rate increases would take effect in March 2015. The proposed increases, followed by similar increases through 2020, would result in the continued use of Sewer Fund balance to cover a portion of operating costs. At that time, the Sewer Fund balance is projected to remain sufficient, after absorbing the City's share of increased capital and operating costs associated with the region's planned Pure Water/sewer outflow reduction program. December 2, 2014 Item #5.1 6 of7 Recommendations for Changes to Water and Sewer Rates December 2 , 2014 Page6 If adopted , the rate increases would be in effect March 2015 , and would be reflected on customer bills beginning May 2015 , as shown in the following tables. Residential Bimonthly Sewer Rates Current and Proposed Non-Residential Sewer Rates Current and Proposed Use (Commodity) Charges (Non-Res1dent1al by Customer Type) Type of 01scharg~-~----Curre~~--f Proposed • -. • -. -. • • • • • . Churches , Schools , Multi-family , Mobile Home $3.22 $3.46 $3.22 $3 .46 December 2, 2014 Item #5 .1 7 of7 Recommendations for Changes to Water and Sewer Rates December 2 , 2014 Page? In addition to recovering Metro pass-through costs , the proposed rate increases are necessary to continue proper maintenance of our aging sewer system ; fund necessary capital projects ; and continue to provide the best quality service to our customers . Combined Water and Sewer Rates : The combined proposed water and sewer rate increases for a single-family residential customer with median water use (30 units), the most common residential meter size (3/4-inch), and most common sewer tier (2), would be $8 .22 per month . Single Family Residential Customer Combined Water and Sewer Bill (Median Use 30 Units, Most Common 3/4-inch Meter, Tier 2) Fiscal Impact: There is no fiscal impact from this workshop . If the proposed rates are adopted following a Prop 218 hearing, water revenues are expected to be sufficient to meet operating expenditures . However, after allocating for system rehabilitation projects , staff expects that the City will need to use $776 ,000 of Water Fund balance for FY 2014-15. Sewer revenues are expected to be supported by $331 ,000 from the Sewer Fund balance to meet operational and system rehabilitation needs in FY 2014-15. Environmental Review: This item is not subject to CEQA review . Public Notification: None December 2, 2014 Item #5.1 Item 6.1 Hike, Bike and Ride across Poway Item 6.2 Water Saving Tips (verbal" report).